Need help with Education Law?
Speak to one of our Expert Education Lawyers.
Please note we do not offer legal aid for Education Law matters
Negligence claims against schools in England and Wales can arise in various circumstances where it is alleged that the school has failed in its duty of care, resulting in harm or injury to students, staff, or visitors. Some common negligence claims against schools include:
Inadequate Supervision: If a student is injured due to a lack of adequate supervision, the school may be held liable for negligence. This can include incidents during school hours, extracurricular activities, or school trips where proper supervision is expected.
Unsafe Premises: Schools have a duty to maintain safe premises. Negligence claims may arise if a student or staff member is injured due to hazardous conditions on school property, such as poorly maintained facilities, defective equipment, or insufficient security measures.
Negligent Hiring or Retention: Schools are responsible for ensuring that they hire qualified and competent staff. If a school hires an employee without conducting proper background checks or retains a staff member despite knowledge of their unsuitability, it may be held liable for negligence if that employee causes harm to others.
Failure to Address Bullying or Harassment: Schools have a duty to address and prevent bullying or harassment among students. If a school fails to take appropriate action to stop bullying or harassment and a student suffers harm as a result, the school may be held liable for negligence.
Negligent Provision of Education Services: In some cases, negligence claims may arise from alleged failures in providing an adequate education. This could include issues related to curriculum, teaching methods, or the provision of special education services for students with unique needs.
Sports and Physical Education Injuries: Schools have a duty to ensure that sports and physical education activities are conducted safely. If a student is injured due to inadequate supervision, faulty equipment, or lack of proper training, the school may be liable for negligence.
It’s important to note that negligence claims against schools are fact-specific, and the outcome will depend on the circumstances of each case. Schools are expected to exercise a reasonable standard of care to protect the well-being of their students and staff. When considering negligence claims, courts will assess whether the school breached this duty of care, whether the breach caused the harm, and whether the harm resulted in compensable damages.