This is an interesting one and wanted to see what other peoples thinking on this is. Consent for under-18s is required for all off site activities (trips) from parent/carer. In the circumstance where someone under 18 is living away from home, the consent follows that this should come from the parent/carers, as it is arbitrary as to where they live but the legal status they have given that they are under 18.

Any thoughts or views?

Hi Rich,

Many thanks.

The change to the rules re. one-off consent was subject to legal clarification which to my knowledge haven't yet been given - i.e. how can a person provide informed consent for activities and risk which haven't yet been defined.

There are also cultural and social consent issue associate to this as well. For instance, atheists parents may object to their child being taking to a place of worship on a trip, as well as parents with devout beliefs may object to the sleeping arrangements within a trip. Etc. Slightly left-field I know.

This tends to be why some schools/colleges are going for the one-off consent, and others are playing a more careful game and getting consent per trip/activities providing detail of this. This is something I am fine with. Indeed as I am the range of assessments, consent forms, and other needs.

What I was curious about is the situation where there are no house-parents (which is care role) and you have an under 18 living independently to parent/carers, although technically and lawfully having any more rights than any other under 18.

In these circumstances, I am assuming that the parent/carer still requires to give consent.

B

You can be lawfully married in the UK and have children of your own before you are 18.

Hi Rich,

I know. This is an extremely unusual one. I'm just trying to establish if the student has any care-plan, if that's the case then in loco parentis would be with them, but if not then it would be parents. If they aren't happy with that then I suppose I am going to have to refer to social services, which prob does seem OTT but given that we can't grant consent there doesn't seem many other options. Many thanks for your feedback though. I find folk contributing to the discussions here really does help one focus there minds on the issues.

Andrew

Andrew Bober wrote; "The change to the rules re. one-off consent was subject to legal clarification which to my knowledge haven't yet been given"

The DfE issued this document (see link) in December 2012 and in it they confirm the change to one off consent for most school trips.

http://media.education.g...ty%20advice%20181212.pdf

I am not aware of any outstanding legal issues. If any one knows any different I would certainly be grateful for an update.

Been having a PM with Chas re. this document. (Note:- it was link he sent - I thought the one he provided from for older gudiance pre-Dec 2012). The section from the Govt advice doc is:

"Parental consent to off-site activities

Written consent from parents is not required for pupils to take part in the majority of off-site activities organised by a school (with the exception of nursery age children) as most of these activities take place during school hours and are a normal part of a child’s education at school. However, parents should be told where their child will be at all times and of any extra safety measures required.

Written consent is usually only requested for activities that need a higher level of risk management or those that take place outside school hours. The Department has prepared a “one-off” consent form which schools can ask parents to sign when a child enrols at the school. This will cover a child’s participation in any of these types of activities throughout their time at the school. These include adventure activities, off-site sporting fixtures outside the school day, residential visits and all off-site activities for nursery schools which take place at any time (including during school holidays or at the weekend). ...

Parents must be told in advance of each activity and must be given the opportunity to withdraw their child from any particular school trip or activity covered by the form."

This provides clear instruction on how consent should be done. It is now almost reversed, in that consent is given, but now the parents must be informed of each acitivity should they wish to withrdaw their child from the trip or acitivity. Low risk one of consent is fine, but anything else has to be specifical sought as consent from parent.

Would be curious to know how many educational establishments/EVCs have picked up on this as it is quite a curical point in the whole arrangements of trips/activities. I think the simple message is "one off consent isn't entirely one off consent".

For what it is worth I believe that whilst the position of EVC may no longer be a legal requirement someone with a similar role within the organisation should still be overlooking what is going on. An element of co-ordination and good Mgt systems should still be present and risk assessments and consultation with parents are still required. It will be interesting to see what happens in years to come. Especially if court cases occur. Apologies if this has wandered off topic a bit.

quote=Andrew Bober]

Parents must be told in advance of each activity and must be given the opportunity to withdraw their child from any particular school trip or activity covered by the form."

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