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School Trip Disclaimer


Onoff

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My boy is due to go on a 6th form induction day soon, team building and all that lark. There's various activities to take part in. Truth be told he'd rather not, being as far from the athletic type as you can get. The only games he's plays willingly are virtual. Just to add attendance on the trip has been deemed compulsory by the school and on top of that we have to pay too.

 

BUT...........what got me is the disclaimer that WE have to agree and sign to for him to go on the trip.

 

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So, does that mean if an instructor etc there forgets to check a harness, a rope snaps etc than they can't be held liable?

 

Seems a bit off to me.

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I'd hazard a guess it wasn't a good lawyer that wrote that,

Probably fairly useless in court,

But the same as all these places that try to indemnify themselves with 'park at your own risk' signs,

They have a duty of care, no matter what they allege you agree to. 

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I would say that would fall under the unfair terms of contract law.

 

Strike out the bits you disagree to, change them to your requirements, sign it and return it with a letter and  statement saying that if the organisers refuse your changes, then you will have a full refund of any monies paid, & your son will be deemed to have attended, as the school are unwilling and incapable of ensuring his health an safety.

Better still, pay by cheque.

Then you can cancel it.

 

They can't under law absolve themselves for liability, however, they can try and signing a disclaimer is one way of trying.

 

If you are unhappy, simply don't sign it, the school cannot legally enforce something that can pose a known hazard to their charges.

If you and your son are unhappy with the H&S arrangements, then the school cannot force you to comply and the law will be on your side. 

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Oh please type the good bits. This seems like something I would be interested in reading having been taken to court earlier this year for taking our son to his grandmother's wedding abroad without the schools permission.

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Firing it off my big brother now............the clever one...........the lawyer!

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earlier a woman asked me about PA testing her daughters phone charger and laptop etc as the university required her to have all items PA tested.

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Hmmm...........the kids from the travelling community at my youngest's school take umpteen sanctioned days off to attend this and that horse fair etc. Nothing's ever said and they still get their 100% attendance record.

 

I would imagine in my case the liabilities would fall back on the school?

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LOL... We're taking my daughter out of school next monday for her grandmother's Memorial Mass.... I wonder if we'll be called in?

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If you can prove the bit about the travelling community and other parents are "reprimanded" then that is racial discrimination.

 

I'm sure your brother could do something with that, and it needs to be done because racial discrimination is rife in this country and it is getting worse almost daily.

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Ok. Now able to view.

That is unbelievable. I would change it to read something like "however, this does not release in any way the responsibility of the person in charge of their duties to ensure the safety of those under their care".

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basically, 'we have 5DW's who have had very little training looking after the safety of everyone. we now require you to absolve us of all responsibility for when they forget how to tie the knot the holds your child to the rope and they fall'

 

wonder if the usual 5DW's T&C's will now have a similar line?

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I take it your lad is 16? If so the attendance side of things he can tell them to shove it they can not legally enforce attendance or fine for non attendance. If he goes he does not have to partake in any activities and can not be forced too.

Hmmm...........the kids from the travelling community at my youngest's school take umpteen sanctioned days off to attend this and that horse fair etc. Nothing's ever said and they still get 100% attendance

They have a "T" coding and get the time off cleared as it is their culture......schools can not discriminate against them.

LOL... We're taking my daughter out of school next monday for her grandmother's Memorial Mass.... I wonder if we'll be called in?

No as it is a "c" coding for an exceptional authorised circumstance.

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I just think that it's laughable that they think that they can absolve themselves of any blame just by getting you to sign a bit of paper..

Not withstanding that they are supplying the equipment and supervising the activity.

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I take it your lad is 16? If so the attendance side of things he can tell them to shove it they can not legally enforce attendance or fine for non attendance. If he goes he does not have to partake in any activities and can not be forced too.

They have a "T" coding and get the time off cleared as it is their culture......schools can not discriminate against them.

No as it is a "c" coding for an exceptional authorised circumstance.

Only of they authorise it. Which they never in my case and I had to stand in the magistrate's dock with my misses after refusing tonpay the fine.

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Hmmm...........the kids from the travelling community at my youngest's school take umpteen sanctioned days off to attend this and that horse fair etc. Nothing's ever said and they still get their 100% attendance record.

 

I would imagine in my case the liabilities would fall back on the school?

 

well, my son has a few 'unautorised' days off each year, and so far he has always had a 100% attendance record,

if he ever gets knocked for it,,,

see below

 

LOL... We're taking my daughter out of school next monday for her grandmother's Memorial Mass.... I wonder if we'll be called in?

 

Noz,

religious discrimination,

that is what I have threatened my sons school with

 

If you can prove the bit about the travelling community and other parents are "reprimanded" then that is racial discrimination.

 

I'm sure your brother could do something with that, and it needs to be done because racial discrimination is rife in this country and it is getting worse almost daily.

 

yep, my son was permitted 1 day off for a religious festival, we had asked for 4 days to permit travelling etc, and were granted the one, even though it was a 2 day thing,

but,

the kids that were from a certain religious sect were actually offered the day off for eid ?

how is that right? my son was celebrating a Christian festival in a Christian country and we had to ask for the time off, but, the non Christians are offered the time off?  :shakehead

my only answer to this, at my particular sons school, is that after the headmaster consulted with his wife, which he told me he had,  who just happens to be of an opposing religion to my family, he has decided to deny my son the time off.

to me that is religious discrimination on a personal basis,

I'm just wondering how he will react next year when I tell him I am taking my son to the Somme memorial, which will mean him being off school for about the final 2-3 weeks,,,  if things go to plan.

I could maybe understand it if he was behind in lessons, or had poor attendance, but this year he done his exams for a 10 yo, he is only 7, and got good passes in them.

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Only of they authorise it. Which they never in my case and I had to stand in the magistrate's dock with my misses after refusing tonpay the fine.

So to have been in the dock you lad has had to have been unauthorised for 5+ days off in one hit or 10 accumulated days (20 sessions) in a 10 week period.

You can not be fined for 1 day unauthorised attendance, your lad will have gone down as unauthorised in the register, but these days are held and can accumulate towards a fine, which if not paid in 28 days will double from £60 to £120 (per child & per parent) + to court.

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So to have been in the dock you lad has had to have been unauthorised for 5+ days off in one hit or 10 accumulated days (20 sessions) in a 10 week period.

You can not be fined for 1 day unauthorised attendance, your lad will have gone down as unauthorised in the register, but these days are held and can accumulate towards a fine, which if not paid in 28 days will double from £60 to £120 (per child & per parent) + to court.

 

which is basically what the school secretary told me when I rang to let her know that authorised or not my lad would be off and they could take me to court,

she was a nice lady and said not to worry about it, which I wasnt going to anyway, but only if he had 5+ days off would they take me to court.

So to have been in the dock you lad has had to have been unauthorised for 5+ days off in one hit or 10 accumulated days (20 sessions) in a 10 week period.

You can not be fined for 1 day unauthorised attendance, your lad will have gone down as unauthorised in the register, but these days are held and can accumulate towards a fine, which if not paid in 28 days will double from £60 to £120 (per child & per parent) + to court.

 

which is basically what the school secretary told me when I rang to let her know that authorised or not my lad would be off and they could take me to court,

she was a nice lady and said not to worry about it, which I wasnt going to anyway, but only if he had 5+ days off would they take me to court.

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Ok. So the full story is this:

My mum was getting married in Gambia. We needed two weeks off which we asked permission for 12 months earlier. This was refused (1 day was granted). Although we explained this was not possible they stood their ground. We then asked the school for about 2 weeks worth of homework to complete whilst away. While there we also took part in some charity work with African schools which was amazing. My som learnt things on that holiday that no classroom can teach.

We get back and our son prepared a talk to the rest of the class tonexplain what he had done. The class put it on theor 'kind wall'. 2 weeks later. Boom! A fine. No way was Inpaying that. So summoned to court. Wiltshire Council turned up 2 hours late. Now due tonthe way the law is written we could not plead not guilty because we had taken him out of school. So we pleaded guilty and offered our circumstances. When the court heard they gave us 2 weeks suspended. Wiltshire council were funing as they were expecting a £1000 fine to be handed down. The court by doing this were stopping us paying the council any money. They were very clearnin stating that yhis should never have got sonfar and that the school and Wiltshire Council should be embarrassed.

I was a very happy man the following day doinf the school run.

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Ok. So the full story is this:

My mum was getting married in Gambia. We needed two weeks off which we asked permission for 12 months earlier. This was refused (1 day was granted). Although we explained this was not possible they stood their ground. We then asked the school for about 2 weeks worth of homework to complete whilst away. While there we also took part in some charity work with African schools which was amazing. My som learnt things on that holiday that no classroom can teach.

We get back and our son prepared a talk to the rest of the class tonexplain what he had done. The class put it on theor 'kind wall'. 2 weeks later. Boom! A fine. No way was Inpaying that. So summoned to court. Wiltshire Council turned up 2 hours late. Now due tonthe way the law is written we could not plead not guilty because we had taken him out of school. So we pleaded guilty and offered our circumstances. When the court heard they gave us 2 weeks suspended. Wiltshire council were funing as they were expecting a £1000 fine to be handed down. The court by doing this were stopping us paying the council any money. They were very clearnin stating that yhis should never have got sonfar and that the school and Wiltshire Council should be embarrassed.

I was a very happy man the following day doinf the school run.

 

this is exactly my argument,

each and every year my son goes to my mothers and learns things, not only of MY culture, and his, but of things that ACTUALLY made the UK the country it is today, right to the point of who sits on the throne of England, and GB,

no school in England teaches that for fear of the PC brigade

learning about culture is something schools do NOT teach anymore,

[i'm NOT English BTW for those that do not know it]

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Just to update on my opening post: We contacted the school. It turns out a number of other parents have raised concerns over the wording with some crossing through the bits of the disclaimer they have issue with etc. End result is that my son is not now going on the "compulsory" trip today. (Will be staying at school doing something productive). Also the school have said that they are looking into their use of this particular external activity provider and such disclaimers for the future.

 

Only because I was upset at their wording seeming  an attempt to absolve them of pretty much any responsibility I tried a quick search on what I think are the companies involved and there are a couple came up that have very similar sounding names with seemingly crossover on the names of the people involved, a bunch of CCJs going back years and not much in the way of assets. Not too au fait with these sort of things but it seemed a bit fast buck/here today and good luck if you ever had to make a claim! I maybe be wrong but it's my children involved here.

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good result then. although from the amount of complaints, you'd think the school would make the company change the T&Cs for everyone or go elsewhere

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Never thought, other things on my mind, my missus is the School's EVC ( External Visits Coordinator) NO Trips or visits outside the school,take place without her consent!...little hitler or what?

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Checked with her...bearing in mind She is only primary, so it may or may not be more onerous

She would not touch it with a shitty stick.however,,all LEAs are different. Ours has a registered list of providers

Just saying

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  • 2 weeks later...

Seems like we're heading towards the sue-whenever-possible culture in the US. You have show extensive pet records there just to get your dog groomed in case you decide to sue if something goes wrong!

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