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SUPERVISION OF PUPILS
This briefing note gives NUT advice on the extent of teachers’ obligations to undertake the supervision of pupils other than during lesson times.
SUMMARY
· Teachers cannot be directed to supervise pupils during the midday break.
· Teachers may, however, be “reasonably” directed to supervise pupils at break times, at the beginning and end of the school day, or at the beginning or end of lunch time.
· Time spent supervising pupils must be included in the 1265 hours’ directed time.
· NUT policy places limits on the length of time and circumstances the NUT considers “reasonable”.
TEACHERS’ PROFESSIONAL DUTIES
Teachers’ professional duties, set out in the School Teachers Pay and Conditions Document, include “supervising pupils, whether these duties are to be performed before, during or after school sessions” (para 66.12.2 of the 2002 Document). Teachers are also required by the Document to comply with directions to carry out professional duties, including directions to supervise pupils, which are “reasonably” given by the headteacher (para 65.1 of the 2002 Document).
Headteachers are in turn responsible for ensuring that adequate supervision arrangements are in operation in schools, although this does not necessarily require their physical presence on the premises.
LUNCH TIME SUPERVISION
Teachers cannot, however, be directed to supervise pupils during the midday break. The Pay and Conditions Document states that “… a teacher shall not be required under his contract as a teacher to undertake midday supervision, and shall be allowed a break of reasonable length either between school sessions or between the hours of 12 noon and 2 pm” (para 67.6 of the 2002 Document).
Although the Document does not define “a break of reasonable length”, the NUT believes that the teacher’s midday break should be at least one hour.
Teachers may in theory be reasonably directed to undertake non-teaching activities other than the supervision of pupils during the pupil lunch break. The NUT believes, however, that such a direction would be reasonable only in exceptional circumstances where the teacher still receives a midday break of “reasonable length” as above.
Teachers may, however, agree to undertake midday supervision of pupils on a voluntary basis. Any teacher who volunteers to supervise pupils eating their lunch is entitled to receive a free school meal, by virtue of the Burgundy Book national conditions of service agreement which incorporates the terms of the 1968 national school meals agreement. Teachers may also agree to undertake pupil supervision for payment under a separate contract of employment as a midday supervisor.
BREAK TIME SUPERVISION
Teachers may, however, be reasonably directed to supervise pupils during break times. In the NUT’s view, supervision should be on a rota basis, with all staff, whatever their level of seniority, taking their turn. Although all staff are on-call in case of an emergency, it would be unreasonable and unnecessary for all staff to be involved in break time supervision. Staff on rota duty should in addition be given the opportunity for a short “comfort” break as outlined below.
ARRIVAL AND DEPARTURE OF PUPILS
Teachers may also be reasonably directed to supervise the safe arrival and departure of pupils at the start and end of school sessions.
The DfES advises that schools should set out the exact time at which the supervision of pupils on the school site will begin in the morning so that parents do not leave their children unattended before this time. The same applies for arrangements for the collection or departure of pupils in the afternoon. Any changes to these arrangements should be given to parents with reasonable notice so that they can make new arrangements for the delivery or collection of their children.
Limits upon Supervision Time
The NUT believes that it is reasonable for teachers to be directed to be on the school premises to undertake such supervision only for ten minutes at the start and end of the school day and five minutes at the start and end of the pupil lunch break. The NUT believes that parents should be advised of the time at which the morning supervision arrangements begin and be informed that before that time their child should either not be on the premises, or should be supervised by a parent or other responsible person.
Bus Duties
The NUT does not believe that it is reasonable for teachers to be directed to supervise pupils awaiting or boarding school buses at the end of the day, particularly where the pupils are no longer on school premises. The NUT believes that the head teacher should inform parents that pupils waiting for their school bus will not be under teachers’ supervision and, should problems arise such as persistent lateness of buses, that the head teacher should discuss these problems with the LEA or the bus company.
Road Crossings
The NUT does not believe that it is reasonable for teachers to be directed to supervise road crossings since pupils will clearly in such circumstances no longer be on school premises. It is particularly relevant to note that teachers do not have the authority of law to control traffic. Again, should problems arise, the NUT believes that the head teacher should discuss these problems with the LEA.
Split Site Schools
The NUT does not believe that it is reasonable for teachers to be directed to supervise or escort pupils travelling between split site schools.
Children Awaiting Older Siblings
Again the NUT does not believe that it is reasonable for teachers to be directed to supervise children waiting for older siblings who attend neighbouring schools. If this is a problem, the NUT believes that parents should be advised by the head teacher to make alternative arrangements.
HEALTH, SAFETY AND WELFARE CONSIDERATIONS
Supervision Ratios
There are no minimum pupil/staff supervision ratios laid down in law. The DfES advises that the numbers of staff (teachers or midday supervisors as appropriate) on duty at any one time should be determined according to the results of a risk assessment which takes into account the ages and abilities of the children and the geographical features of the school. The considerations here are based on health and safety law and the ratios must be in line with the minimum requirements necessary to ensure that children are safely supervised at all times.
Staff Welfare
Employers have a legal duty not only regarding employees’ health and safety but also regarding their welfare. The NUT believes, therefore, that any break time supervision rota should be organised in such a way as to allow staff the opportunity to visit the toilet and have a drink if they so wish.
Hot Drinks
Teachers on playground supervision duty should be wary about carrying full mugs of hot tea or coffee in a crowded playground, since they could end up scalding a child or themselves.
FURTHER INFORMATION
DfES advice can be accessed on its website at:
www.dfes.gov.uk/a-z/SUPERVISION_OF_PUPILS.html
National Union of Teachers
December 2002