School Responsibilities
Schools have significant legal responsibilities when it comes to ensuring the safety of pupils using transport services.
Fundamental Duty of Care
All schools are legally required to send pupils safely through the school gate each day, regardless of how they travel home - whether walking, cycling, or using any form of transport.
Key School Responsibilities
Transport Contracting
When schools contract their own transport, they assume the same legal duty of care as local authorities.
- Verify operator credentials and safety standards
- Ensure proper insurance and licensing
- Maintain contractual documentation
- Monitor service quality and safety
Risk Assessments
Schools must maintain comprehensive risk assessments for all transport-related activities.
- Traffic movement within school grounds
- Pick-up and drop-off procedures
- Emergency evacuation plans
- Regular review and updates
Student Supervision
Schools are responsible for student behaviour and safety during the boarding and alighting process.
- Supervise boarding and alighting
- Enforce safety rules and policies
- Address behavioural issues
- Communicate with parents about incidents
Incident Response
Schools must have procedures for responding to transport-related safety concerns and incidents.
- Investigate safety complaints promptly
- Document all incidents thoroughly
- Communicate with relevant authorities
- Take corrective action where necessary
Responsibilities That Cannot Be Delegated
Critical Point
Schools cannot simply assume that hiring any transport company absolves them of responsibility. The fundamental duty of care remains with the school regardless of contracted arrangements.
Responsibility Beyond the School Gate
A school's responsibility for pupil safety doesn't end at the school gate - it extends to ensuring safe passage home.
Scope of School Responsibility
From School to Home
A school cannot take the view that the safety of its pupils has nothing to do with it when a pupil is outside the school gate, even if the pupil is some distance away but has not yet reached home.
Example Safety Breach Scenario
Driver Reports Disruptive Behaviour
A school bus driver informs the school that each day the same pupils constantly run wild around the vehicle, distracting them from driving safely.
To wholly ignore a complaint of a safety breach from the driver could arguably be a failure by the school to discharge their duty of care.
Required School Actions
Written Communication
Advise the relevant body in writing about any safety breaches. This could be a local authority, library board, or parent group.
Request Response
Request a written response within seven days outlining the measures that will be taken to reduce risks to pupils, drivers, and all other road users.
Follow-Up Action
If no response is received after seven days, follow up until a satisfactory outcome is achieved.
Parent Communication
If the school contracts transport directly, write to every parent whose child uses the service, advising them of the safety breach and potential consequences.
Important Note for Schools and Parents
A legal precedent highlights the consequences of inadequate communication regarding student safety. In this case, a school became aware of a safety issue involving transport that was arranged and paid for by parents. However, the school chose to warn only the pupils and did not inform the parents. This left parents unaware of the risks and unable to speak with their children about them. An accident later occurred, and the court found the school 60% responsible, with the child bearing 40% of the blame. Damages were awarded to the child.
This case underscores the importance of transparent communication between schools and parents when safety concerns arise - regardless of who organizes the transport.
Importance of Documentation
Maintain an Audit Trail
An audit trail of all safety measures and communications is strongly advised to protect the school and maintain safer standards for pupils and drivers.
- Legal protection for the school
- Evidence of due diligence
- Improved safety outcomes
- Clear accountability chain
Coach Brokers vs Operators
Do you know if you are dealing with a broker or an operator? This simple question could have significant safety implications.
Registered Operator
RecommendedWhat They Have:
Coach Broker
Caution RequiredWhat They Don't Have:
Risks of Using Brokers
Financial Risk
Brokers often employ the cheapest operators to maximise their profit margin, potentially compromising safety standards.
Service Reliability
Cases where vehicles don't turn up because brokers haven't passed on payment to operators, or have gone out of business overnight.
Safety Compromise
Some brokers knowingly hire coaches from operators with poor safety or compliance records to keep costs low.
Business Continuity
Brokers may shut down and restart under new names, making it difficult to track their history and reliability.
Real-World Consequences
Financial Loss Example
One school contacted BUSK after losing a four-figure sum when their broker failed to provide transport for a skiing trip at the last minute. The school was left owing money to parents with almost no recourse for recovery.
Common Pattern
BUSK has heard from many schools that have lost hundreds of pounds with little or no recourse when brokers fail to deliver promised services.
How to Verify You're Dealing with an Operator
Ask Direct Questions
- Do you own your own vehicles?
- Can I see your Operator's License?
- What is your Vehicle Operating Centre address?
- Can I inspect your maintenance facilities?
Request Documentation
- Driver walk-around audits
- Compliance records including Vehicle Defect Reporting System
- Access to order books for parts – a regular ordering system can indicate the fleet is managed properly when parts are required
- Evidence of how often roller brake tests are carried out
When in Doubt
Contact BUSK for verification assistance:
Phone: 07926 116631
Email: buskuk@btinternet.com
Driver Responsibilities
School transport drivers have significant responsibilities and legal authority that passengers and schools must respect.
Driver Powers and Responsibilities
Passenger Control
Drivers cannot put a pupil off the vehicle and leave them stranded, but they can refuse to allow anyone to board their vehicle.
Instruction Compliance
It is an offence to ignore a driver's instructions. All passengers must comply with reasonable requests from the driver.
Vehicle Inspection
Drivers must carry out a mandatory 15-minute 'walk-around' check before driving any vehicle from the depot.
Reaction Time Impact
Driver distraction significantly increases reaction times, potentially making the difference between life and death in emergency situations.
Challenges Drivers Face
Impact of Noise and Distraction
When students are noisy or disruptive inside a vehicle, the driver finds it more difficult to concentrate on the road, leading to:
How to Support Your Driver
Positive Actions
- Remain seated during the journey
- Keep noise to reasonable levels
- Follow driver instructions immediately
- Report safety concerns appropriately
- Be patient during boarding and alighting
Actions to Avoid
- Never distract the driver unnecessarily
- Don't tamper with safety equipment
- Avoid hanging out of windows
- Don't stand by the driver's cab
- Never ignore driver instructions
Parent and Carer Responsibilities
Parents and carers have important responsibilities in ensuring their children's safety during school transport journeys.
Key Parental Duties
Child Preparation
Ensure your child understands and follows all safety rules for their transport service.
- Explain seat belt requirements
- Teach appropriate behaviour expectations
- Discuss emergency procedures
- Emphasise respect for drivers and other passengers
Service Selection
When choosing transport services, prioritise safety over cost considerations.
- Verify operator credentials
- Check safety standards and policies
- Understand terms and conditions
- Maintain emergency contact information
Communication
Maintain open communication with schools and transport providers about any concerns.
- Report safety incidents promptly
- Share relevant medical or special needs information
- Respond to school communications about transport
- Participate in safety reviews and consultations
Ongoing Monitoring
Regularly check that transport arrangements continue to meet safety standards.
- Monitor your child's experience and feedback
- Stay informed about policy changes
- Attend parent meetings about transport
- Review and update contact details regularly
Public Transport Specific Responsibilities
When Using Public Transport Services
If you pay for your child to travel on a service bus that also carries members of the public, you have specific responsibilities:
Capability Assessment
Ensure your child is capable of travelling independently on public transport and understands all safety rules.
Problem Resolution
Any issues arising during public transport travel should be taken up directly with the transport company, not the school or local authority.
When Organising Group Transport
Legal Liability Warning
Parents who collectively organise dedicated school transport for their children assume significant legal liabilities. The organising parent(s) become legally responsible for:
Essential Guidance
It is essential to have a good understanding of how to meet all legal responsibilities when organising group transport. Contact BUSK directly for free, expert advice before making any arrangements.