Legal liabilities for schools arranging their own overseas trips

Schools arranging their own overseas trips must understand the legal liabilities involved and ensure appropriate due diligence to protect organisers. Where schools want to avoid the risks associated with creating and running trips themselves, they can use organisations such as the School Travel Forum, whose members assume liability as tour operators and are endorsed by the Department for Education and Outdoor Education Advisers’ Panel (OEAP).

There have been numerous instances where schools and colleges have been held responsible when trips have gone wrong. It is therefore essential to understand the implications of the Package Travel and Linked Travel Arrangements Regulations 2018 (“the Regulations”) and assess whether a planned trip falls within their scope. A failure to recognise a “package” could leave a school without legal and financial protection and exposed to liability for incidents affecting travellers.

Defining a “package” when it comes to school trips

A “package” is broadly defined and includes any combination of at least two travel services such as transport, accommodation, car hire, or essential tourist services sold at an inclusive price or purchased from a single point of sale. Many school organised overseas trips will fall within this definition. The Regulations do not apply to trips lasting under 24 hours (unless overnight accommodation is included) or to occasional, not for profit trips offered only a few times a year to a limited group.

Regular or multiple trips are likely to be caught by the Regulations.

For example, where a school organises an annual ski trip involving transport, accommodation, lessons and events, it may fall within the definition of a “package” unless it is genuinely occasional and not-for-profit. If the trip is deemed a package, the school must comply with the Regulations, including providing clear information, offering cancellation and repatriation rights, and ensuring tour operator liability and financial failure insurance are in place.

Schools becoming “tour operators”

Where a school is considered the “operator”, it effectively stands in the shoes of suppliers. This means it owes a duty of care for all components of the trip, such as accommodation and instruction. Schools must therefore assess whether their trip constitutes a package and take steps to manage the resulting obligations. This includes securing appropriate insurance, undertaking comprehensive risk assessments, and ensuring that all suppliers are competent, insured, and compliant with local laws and standards.

“A failure to recognise a “package” could leave a school without legal and financial protection and exposed to liability for incidents affecting travellers.”

It is also advisable to direct students to Foreign, Commonwealth & Development Office (FCDO) foreign travel advice and TravelHealthPro guidance and require them to obtain suitable travel insurance that covers planned activities. Aligning risk assessments, safety systems and health and safety policies is essential in meeting the duty of care owed to students and staff.