E D R
The Legal Framework
Duty of Care
Self-Defence
Use of Force
Negligence
The Legal Framework
A sound and up to date knowledge of key UK legal terms enables education leaders to make secure decisions to keep staff, children and young people safe in their settings.
Duty of Care
The term duty is legally significant and signifies that this is a legal obligation. All individuals have a duty of care over one another to ensure they do not suffer unreasonable harm or loss. Employers for example have a duty of care over their employees. All adults in schools, paid or voluntary, have a duty of care over the children in their charge.
Self-Defence
The law recognises that anyone acting in good faith to defend themselves or others, property or in the prevention of crime or the apprehension of offenders should not be prosecuted for their actions.
Negligence
All adults authorised to be in school, paid and voluntary, are required to do all that is reasonable to protect the health, safety and welfare of children and young people. Failure to carry out this Duty of Care could result in a charge of negligence and lead to disciplinary procedures under the terms of your contract. It could also amount to common law negligence and lead to a criminal prosecution.
Negligence can arise from failure to prevent harm or to act, as well as from acting unreasonably.
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