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Schools and Snow Days - please help!

  • 12-10-2011 4:01pm
    #1
    Registered Users, Registered Users 2 Posts: 521 ✭✭✭


    Hi everyone, I would appreciate some insight here. I work in a school, and as winter draws nearer we have to come up with a plan around snow days.

    Last year during the snow, the way we dealt with it was that the teachers who could make it in did and we opened the school at 10am in the hopes that the conditions of roads and paths etc would be less severe. We did have to close for a few days (when public transport was cancelled) but in the main we tried to stay open.

    This year, our Board of Management has stated that the school should be closed during periods of snow for 'health and safety reasons'. The BoM says that we would be open to prosecution should any accidents befall the children on the way to or from school - that by opening, we are potentially jeopardising their safety.

    I take issue with this because I feel if I am available to work, I should work, and that if parents feel it is unsafe to send their children to school, then that is their call to make. I realise that our duty of care is to the children, and obviously if the conditions are dreadful, we would all be better to stay home. But in an area where 95% of our students live in walking distance, I feel we should make more of an effort to facilitate those who are willing to make the journey.

    So I suppose after the long preamble, my question to those of you in the know is, would the school be liable if a child was injured on the way to or from school on a snow day? Outside of school grounds, I mean.


    One staff member told me snow is an Act of God, but having looked it up, I'm not convinced that applies.

    The Department has said that it is at the discretion of the BoMs to decide but in our instance I'm not sure they have made the right decision. I would appreciate any insight or thoughts you guys have on the matter. Thanks in advance!


Comments

  • Registered Users, Registered Users 2 Posts: 8,753 ✭✭✭qz


    So I suppose after the long preamble, my question to those of you in the know is, would the school be liable if a child was injured on the way to or from school on a snow day? Outside of school grounds, I mean.

    What would be the cause of the injury? Did the school advise the child or his parents to take extra care? Were the footpaths gritted? Was the child taking care for his own safety?

    Did the school place the snow and ice on the ground? No. I fail to see how a school could be liable for a child injuring himself off of school property on the way to school. Much the same as I fail to see how an employee could sue an employer for an injury sustained while getting off the bus on his way to work. The fact that the employee had to go to work doesn't mean that the employer caused the harm.
    One staff member told me snow is an Act of God, but having looked it up, I'm not convinced that applies.

    No. A freak snowstorm in the middle of May is an Act of God. Snowy, wintry weather in the season of winter is entirely forseeable, especially as such has been the case the last few years.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    This year, our Board of Management has stated that the school should be closed during periods of snow for 'health and safety reasons'. The BoM says that we would be open to prosecution should any accidents befall the children on the way to or from school - that by opening, we are potentially jeopardising their safety.
    The argument may have some basis in the idea that if the school is open, parents may feel that their children are obliged to attend. Of course, being obliged to do something does not mean that you should not give safety a higher priority, but you could theoretically argue that parents feel "forced" into bringing their children to school.

    A simple letter at the start of any cold snap advising parents to put safety above all else and not travel to school unless they deem it safe, would be sufficient to mitigate this argument though IMO.

    The school cannot be held liable for trips or falls on the way to or from school. It is not the school's responsibility to clear any paths or roadways of snow.

    Even on school property, the school is not strictly liable for a slip on ice.


  • Registered Users, Registered Users 2 Posts: 2,781 ✭✭✭amen


    "I take issue with this because I feel if I am available to work"

    Would the issue you have be that if the school is closed you may to have work during your holidays to make up lost time?


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Has the school stocked up on salt/grit?
    qz wrote: »
    A freak snowstorm in the middle of May is an Act of God.
    Or Irish weeather. :)


  • Registered Users, Registered Users 2 Posts: 2,784 ✭✭✭#15


    amen wrote: »
    "I take issue with this because I feel if I am available to work"

    Would the issue you have be that if the school is closed you may to have work during your holidays to make up lost time?

    Or the issue could be just what the OP has actually said, and not what you want the OP to say:rolleyes:
    I take issue with this because I feel if I am available to work, I should work, and that if parents feel it is unsafe to send their children to school, then that is their call to make


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  • Registered Users, Registered Users 2 Posts: 2,781 ✭✭✭amen


    Or the issue could be just what the OP has actually said, and not what you want the OP to say
    touche
    I take issue with this because I feel if I am available to work
    This happens a lot in industry. A manufacturing plant closes for two weeks and everyone has to take holidays. You have no choice. You may be available for work but the plant is closed.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    amen wrote: »
    This happens a lot in industry. A manufacturing plant closes for two weeks and everyone has to take holidays. You have no choice. You may be available for work but the plant is closed.
    There is a big difference between a planned and unplanned stoppage.


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