Visits and the Package Travel Regulations

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We have updated OEAP National Guidance document 3.2h Visits and the Package Travel Regulations. Originally, this guidance document was aimed at establishments organising their own residential visits, to help them decide whether and how their visits are affected by the Regulations.  We have added more information for establishments that purchase packages from a provider.

You can download the revised guidance here.

Providers and Refunds

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Many providers are now making promises of refunds or postponement if a visit cannot go ahead as a result of Covid-19, which will hopefully encourage establishments to begin planning again for educational visits.  Where a promise has been made, you are encouraged to check that the promise is included in the terms and conditions of the contract and/or insurance policy.  We have updated National Guidance documents 3.2i Contracts and Waivers, 4.4c Insurance and 4.4k Coronavirus to draw attention to this.

We have also amended 4.4k Coronavirus to increase the prominence of the reasons why you should be encouraging more of your learning to take place outdoors during the pandemic, and to add more details about the current restrictions on school sport.

The Package Travel Regulations

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During the coronavirus pandemic, some schools have been concerned that package travel organisers have been unwilling to give a refund as their contract was between the company and the school, rather than made directly with participants or their parents.  The Competition and Markets Authority has recently taken the view that the Package Travel Regulations do apply in these cases, and that individual customers should be entitled to a refund if they have paid money in advance for a group visit that is cancelled because of the pandemic.

We have updated 3.2h Visits and the Package Travel Regulations, 3.2i Contracts and Waivers, and 4.4k Coronavirus in the light of this, and included a link to what the Competition and Markets Authority said.

Visits and the Package Travel Regulations

Legal Framework Legal Framework and Employer Systems

We have revised 3.2h Visits and the Package Travel Regulations in the light of the Package Travel and Linked Travel Arrangements Regulations 2018 (PTR).  Most educational visits do not fall in scope of the regulations, but establishments should be aware that some can.  It is worth noting that there can be legal implications even when an establishment does not organise a visit, but buys a package from a provider.  These are explained in the document.

You can download it here.

Revisions to National Guidance Documents

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Since the 30th May 2019 we have made the following changes:

Minor amendments:
 |  8b English Homestay Information Form (PDF Version)
 |  8a English Homestay Information Form (Microsoft Word Version)
 |  6c FAQs: Duty of care when working with providers
 |  3.2d Approval of Leaders
Role: evc, head/manager, Outdoor Education Adviser, visit leader
 |  3.2i Contracts and Waivers
Role: evc, head/manager, Outdoor Education Adviser, visit leader
 |  4.3d Parental Consent
Role: evc, head/manager, Outdoor Education Adviser, parents, visit leader
 |  4.4j Participant Information and Data Protection
Role: evc, head/manager, Outdoor Education Adviser, parents, visit leader
 |  8q Provider Statement - Word Version
 |  8p Provider Statement
 |  3.2a Underpinning Legal Framework and Duty of Care
Role: employer, evc, governors, head/manager, LA Officer, Outdoor Education Adviser
 |  6q FAQs: Staff Supervising Mixed-Sex Groups
 |  7j Weather and Group Safety

Revised documents:
 |  1b Foundations
Role: assistant leader, employer, essential, evc, governors, head/manager, LA Officer, Outdoor Education Adviser, parents, visit leader
 |  7b Duke of Edinburgh's Award expeditions
 |  3.2d Approval of Leaders
Role: evc, head/manager, Outdoor Education Adviser, visit leader
 |  3.3e Checklist - Visit Leader
Role: visit leader
 |  4.4d Medication
Role: evc, head/manager, Outdoor Education Adviser, visit leader
 |  5.1c Self evaluation and the Ofsted framework
Role: evc, head/manager

New documents:
 |  6s FAQs: Events Organised by Parents

Deleted documents:
5.3a Writing policies to reduce bureaucracy for routine off-site activities and visits

Update Table
This shows the recent updates and previous documents revision history
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Participant Information and Data Protection

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Since the introduction of the General Data Protection Regulation (GDPR), we have received a number of requests for further information about how this impacts upon the collection, use and retention of participant information for educational visits.  We have also received enquiries about how data protection applies to photographs of children.

We have therefore revised and expanded upon our guidance document 4.4j Participant Information and Data Protection, and made corresponding amendments to 3.2a Underpinning Legal Framework, 4.3d Parental Consent, 4.3e Safeguarding, 4.4h Using External Providers and Facilities, 5.3b Writing an Establishment Visit Policy and 6d FAQ Retention of Documents.  We have also included a section about data protection in the new document 3.2i Contracts and Waivers.