Marc Folgate correctly states that claims under the civil law must have 'a degree of fault' if they are able to succeed (see [2006] Gazette, 15 December, 9). However, I disagree with the conclusion he draws from this principle.


In this context 'fault' does not refer purely to intentional or reckless conduct. It may also include negligent conduct which, by its very nature, is likely to be inadvertent. Therefore, the legal system's 'protection' for teachers and local authorities is limited only to cases in which, subject to all of the relevant factors, there is no negligence. It is understandable that there will be a reluctance on the part of both individuals and authorities to place themselves in a position where they might incur responsibility, not only through the civil law but possibly through criminal proceedings, even for manslaughter.



The risk of something of this nature happening on outward bound trips must be relatively high and the potential consequences of something occurring via an accident are so serious that a cautious approach on behalf of authorities, staff and relevant teachers' unions is a natural reaction.



David Haley, Preston