The word “in loco parentis” is Latin and translates as “in the place of a parent”. The formal definition of the word is “the legal doctrine under which an individual assumes parental rights, duties, and obligations without going through the formalities of legal adoption” (reference?). The two main objectives of this are firstly, it allows institutions such as colleges, schools and kindergartens to act in the best interests of the students and children as they see fit. However they are not to allow what would be considered violations of the students' civil liberties. Secondly, this doctrine can provide a non-biological parent the legal rights and responsibilities of a biological parent if they are taking care of or supervising the child. (copied
…show more content…
There are two main acts that relate to the role of teachers and staff acting in loco parentis: firstly, the Children’s Act of 1989, states that teachers have a duty of care towards the children under their supervision, as well as promoting the safety and welfare of the children in their care. The second act is the Health and Safety at Work Act of 1974 These are both UK legislations not South African which puts a further obligation on the school as a whole to safeguard the wellbeing and safety of pupils in its care by providing and implementing safety procedures and instructions in harmful …show more content…
Schools are required to have a safety plan of action that is in writing and distributed to all staff within the campus and also have to demonstrate that they are progressing through point on the safety plan. Schools are required to keep records of their activities and the students of the schools activities and show in due time plans for events. Documentation of all accidents and injuries must also be kept up to date as well as records of prior activities. Schools also have to conduct regular inspections of work area, where they must identify potential problems, hazards or risks and must inform supervisors of problems so they can correct and eliminate them before possible adverse consequences. If a school is seen as negligent in any of these areas or fails to comply with any of these requirements then the school is fully responsible for any injury or incident that takes place on the property. Schools are at risk for being sued for millions of rand if any of these procedures are transgressed and can be taken to court by the guardians of the child
There are two main acts that relate to the role of teachers and staff acting in loco parentis: firstly, the Children’s Act of 1989, states that teachers have a duty of care towards the children under their supervision, as well as promoting the safety and welfare of the children in their care. The second act is the Health and Safety at Work Act of 1974 These are both UK legislations not South African which puts a further obligation on the school as a whole to safeguard the wellbeing and safety of pupils in its care by providing and implementing safety procedures and instructions in harmful …show more content…
Schools are required to have a safety plan of action that is in writing and distributed to all staff within the campus and also have to demonstrate that they are progressing through point on the safety plan. Schools are required to keep records of their activities and the students of the schools activities and show in due time plans for events. Documentation of all accidents and injuries must also be kept up to date as well as records of prior activities. Schools also have to conduct regular inspections of work area, where they must identify potential problems, hazards or risks and must inform supervisors of problems so they can correct and eliminate them before possible adverse consequences. If a school is seen as negligent in any of these areas or fails to comply with any of these requirements then the school is fully responsible for any injury or incident that takes place on the property. Schools are at risk for being sued for millions of rand if any of these procedures are transgressed and can be taken to court by the guardians of the child