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Liability for transport school children to non curriculum events
Rank: New forum user 
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Let me set the scene.
A school football team is to play another school at the other school's venue. The event is not part of the curriculum and the lead teacher is a volunteer for the role of football team coach. Transport is provided by volunteer parents but is co-ordinated by the school (volunteer football coach).
Is there any liability for the school and governing body if one of the drivers is found to be unfit to drive because of previous convictions and driving licence suspension, or unfit because they under the influence of drugs or alcohol, or unfit because of a medical condition that they have or have not reported to DVLA that would normally result in their licence being suspended or if the vehicle is found to be unsafe?
Just how far should we expect our Headteachers to go when organising events like this and the event cannot be cancelled because of H&S.
Would there be an effect in the duty of care owed if the parents were left to co-ordinate transport rather than someone operating for the school?
Finally if the event was part of the curriculum such as a trip to a museum and parents were asked to transport the children in their cars would this make the school and governing body liable if an accident were to occur caused by unfit driver or unsafe vehicle?
Sorry for this very long question, but this seems to be a very complicated area. It is made worse when you try to determine if the County Council might also be held liable for the actions of a school and a Headteacher.
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Rank: Super forum user
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David
Firstly do not forget the goood old Criminal Record check:-) This will probablyput the problem off until next year at least - some are waiting 15 months round here!!
At the end of the day it is all about Due Diligence checking of the drivers etc. If they hold a full licence without any endorsemets that might prompt concern then one issue is solved. You should however have systems in place to check on the day eg such as actions to take if the driver appears incapable for whatever reason. The school is "loco parentis" and must take the actions of a reasonable parent - how many will send their child in the car of somebody they suspect has been drinking or who is somehow "not with it"?
Bob
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Rank: Super forum user 
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I beleive that if it hasn't already, the law is being changed so that only those who come into regular contact with the same individuals from at risk groups (familiarity) will be required to have CRB checks.
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Rank: Super forum user 
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David
Whether a duty of care exists is purely contextual as there is not an uneqivocal definition in law. I would say as a general rule if trips are being organised or condoned by the school then a duty of care will exist. As Bob states, the school need to show due diligence, which would equates to ensuring those providing transport and supervision are competent and trustworthy. If so, there should be nothing to cause concern.
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Rank: Super forum user
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Safety Smurf
I had my tongue in cheek BUT driving the same teams to games with a team of drivers could equal familiarity!!
Bob
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Rank: Forum user
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The phrase that stood out for me and made me feel a bit worried and to be honest a bit annoyed was:
"the event cannot be cancelled because of H&S".
The event would not be cancelled because of H&S, the event could be cancelled because the driver was under the effects of drugs or alcohol (or both), had no driving licence etc.
I would expect "the event cannot be cancelled because of H&S" from someone who did not fully understand health and safety.
If the Head Teacher has organised the forming of a school football team then it is in their remit to ensure health and safety is covered also. Getting parents to drop off the pupils at the football game is a potential solution but may not always be practical.
The risk assessment should be done, to identify the foreseeable hazards and identify the controls, as per the Head Teacher duty of care.
Son of Skywalker
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Rank: Super forum user
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The school cannot use volunteers to transport children without ensuring that those volunteers are vetted under the vetting and safeguarding scheme. Parents can transport their children, but if they transport other children the school would probably have to check their suitability (if to school events). Note that FREQUENCY is, at the moment, ONCE A MONTH or more. http://www.isa.homeoffic....uk/PDF/VBS_Guidance.pdfAlso note that the checks include all information recorded on the person being checked and that a not-guilty verdict (in any case) will not be considered valid as the checks are based upon balance of probability. A speeding conviction could mean you would be unsuitable (more likely multiple convictions though) in theory !! As to the driving licence question: that mainly relies upon the driver being honest.
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Rank: New forum user
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Just because the lead teacher is volunteering his sevices it does not mean that they do so on behalf of the school. If the school was involved then firstly they would need parental consent from the parents for the children to be taken out of school. A travel risk assessment would then be carried out.
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Liability for transport school children to non curriculum events
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