When a School Medical Incident Becomes a Duty of Care Failure
Duty of Care & Medical Incidents

It is the scenario that keeps school leaders and camp coordinators awake at night. You have a group of students out on an excursion or international tour, and a medical incident occurs. A student falls ill, an unexpected allergy is triggered, or a critical daily medication is missed. In the dynamic, unstructured environments outside the classroom, the stakes are elevated.
Treating the immediate issue is one challenge, but the overarching legal and moral responsibility is another. When does a difficult situation out in the field cross the line from an unfortunate medical incident into a full-blown duty of care failure?
The Legal Reality of In Loco Parentis
When teachers leave the school gates with a group, they are responsible for the safety and well-being of that group. This is the essence of in loco parentis. A duty of care failure does not necessarily mean a teacher intentionally caused an injury or illness; it often means there was a fundamental failure in planning, a delay in response, or an inability to manage the situation to the standard of a reasonable professional.
If something goes wrong in the classroom, you can simply call the office for support or send a student to get help. Outside the classroom, it is a highly dynamic and uncontrolled environment without clear and consistent parameters. Operating safely in this space requires a specific, practitioner-led skill set.
How Poor Planning Leads to a Duty of Care Failure
Often, the root cause of a severe incident is not a lack of care from the staff, but a lack of systemic support, training, and situational awareness. When reviewing the tragic outcomes of these situations and the subsequent evidence presented in court, they are invariably easily preventable incidents if only the teachers had basic training and experience outside the classroom.
Consider the sobering reality of the four preventable student fatalities that occurred on international school travel programs in 2019. These did not happen on remote, high-altitude expeditions; they occurred on programs many would consider 'low-risk', including language tours in Europe and a history tour in the USA.
In two eerily similar cases, students developed infections that, according to coroners, could have been easily treated by a doctor. However, the coronial findings highlighted a combination of systemic gaps combined to delay definitive medical care. These gaps included:
- Delays in decisions by staff
- Poor communications with parents
- Not knowing the students as well as they should have
In one of these instances, a student collapsed from septic shock and went into cardiac arrest before action was taken. What might be an obvious red flag to trained eyes can be completely missed by untrained eyes. When schools fail to equip their staff to recognize and act upon these red flags, a medical incident rapidly becomes a catastrophic duty of care failure.
The Medication Minefield
Another frequent vulnerability in school risk management is medication administration. Today, students are on just about everything you can imagine to get them moving, slow them down, or balance them out. While drugging kids is up to parents and doctors, teachers are then lumped with the huge responsibility of administering medications when they take students away on camps.
In my experience, most teachers are ill-equipped to do this and lack the confidence to do it properly. A simple distraction on camp can easily lead to a missed dosage. Missing an ADHD medication in the morning, for example, turns a normal day into a marathon of containment and damage control. When medication management relies on memory rather than robust systems, schools expose themselves to unacceptable risk.
What Schools Commonly Get Wrong
Many schools attempt to solve these complex risk challenges through an obsession with paperwork. However, a paperwork system based purely on checking boxes and approvals masks the fact that there is a lack of real risk management understanding and implementation.
If critical student medical profiles are buried in a thick paper binder that gets left on a bus while a student goes into anaphylaxis on a hiking trail, that paperwork is useless. Paperwork without training and experience is just that, paperwork. It does not build a culture of safety, nor does it support teachers in making vital decisions when under pressure.
Building a Culture of Proactive Risk Management
To prevent a routine medical incident from escalating into a duty of care failure, schools must look beyond compliance theatre and focus on practical realities. Good practice requires:
- Situational Awareness Training: Staff must be trained to recognize medical red flags early and be empowered to make definitive decisions before a situation becomes critical.
- Managing Fatigue: Fatigue severely impacts the ability of a teacher to make reasoned, informed decisions. A fatigued teacher might miss a vital medical cue or fail to follow an emergency protocol. Sleep and fatigue management must be a priority.
- Accessible Health Data: Emergency protocols, permission notes capturing critical medical information, and student-specific risks must be accessible to all supervising staff at all times during the excursion.
- System Level Support: Moving away from clipboards to digital infrastructure. Utilizing tools like the Xcursion platform, which triggers alerts before medication is due and timestamps administration, ensures you get every pill to every student that needs it, on time, every time.
At the end of the day, as educators, we want to run great programs which have well-planned safety built into them. By acknowledging the true risks, ditching the checkbox mentality, and implementing systems that actively support staff in the field, school leaders can ensure that medical incidents are managed professionally, protecting both their students and their institution.











