What is a school's duty of care?

The duty of care means that schools are obligated to provide appropriate education for every student, even when a child needs extra support. This obligation applies to all schools in regular education and ensures that every child receives the education that fits their abilities. It is a fundamental right that parents can enforce when the school falls short.

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The short answer

Every school has the legal duty to provide appropriate education to all students, regardless of their support needs. This means the school must ensure the proper guidance, adjustments or extra help a student needs to successfully participate in education. If the school cannot provide this support itself, it must arrange another suitable educational placement. The duty of care applies from the moment a student is registered at the school. Parents can hold the school accountable for this obligation and take legal action if necessary.

What does the law say?

The duty of care is laid down in the Appropriate Education Act, which was introduced in 2014. This law stipulates that the competent authority of a school must ensure that students can make an uninterrupted development. Schools must decide on admission and any support within eight weeks of registration. If a school cannot admit a student or provide the necessary care, it must actively cooperate in finding another suitable school. The law applies to all forms of regular education, from primary to secondary school.

1Appropriate Education Act: schools must provide appropriate education to all students

2Compulsory Education Act: children have the right to education that fits their abilities

3Decision period for first registration: schools have eight weeks to decide on admission

What should you pay attention to?

Pay close attention that the school takes concrete steps to help your child, not just uses nice words. Always request written documentation of agreements about extra guidance or accommodations. Keep track of the school's efforts and document any issues thoroughly. Also watch the deadlines: the school has a maximum of eight weeks to make a decision after registration.

1Request written documentation of all agreements about support

2Monitor the timelines: eight weeks for a decision after registration

3Document all communication with the school about the provision of care

4Ensure the school actively cooperates in finding alternatives if it cannot provide appropriate care itself

Example from practice

Sarah registers her son Tom, who has dyslexia, at the local primary school. The school says they have no experience with dyslexia and refuse to admit Tom. However, this is in violation of the duty of care: the school must admit Tom and arrange appropriate support, for example by engaging a remedial teacher. If the school really cannot provide the right care, they must actively help find another suitable school. Sarah can hold the school accountable for their duty of care and, if necessary, seek help from the education inspectorate or a lawyer.

What can you do?

Always start with a conversation with the school to discuss your concerns and make concrete arrangements. Always put important points in writing and ask the school for written confirmation of the agreements made.

1Discuss the support needs of your child with the school

2Document agreements in writing and request a support plan

3Contact the education inspectorate or seek legal help in case of problems

Conclusion

The duty of care ensures that every child has the right to appropriate education, even with additional support needs. Schools cannot simply shirk this responsibility, and parents have the right to enforce this duty. Stay alert to what the school is doing and do not hesitate to seek help if the school falls short.

Frequently Asked Questions

Can a school refuse my child due to a disability?

What happens if the school does not fulfill its duty of care?

How long does a school have to arrange appropriate care?

Does the duty of care also apply to special schools?

Do I as a parent have to pay for extra support?

Can a school set additional conditions for children with support needs?

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