The following Local Government practice note Produced in partnership with Christopher McFarland and Nicholas Hancox of Nicholas Hancox Solicitors provides comprehensive and up to date legal information covering:
Children are often injured without any fault on the part of any person. They are by definition young and inexperienced. Equally, they cannot expect to go through life without taking any risks and when they do take a risk, often (through inexperience of life) unknowingly or underestimating the level of risk, sometimes they will be injured. Accidents do happen and 'not every misfortune occurring on school premises attracts compensation', according to the Court of Appeal in Richards v Bromley.
The law reports are full of cases where injuries have been sustained by a child and what distinguishes a successful claim against a school (or its owners) from an unsuccessful claim is the presence and impact of the following factors:
a duty of care
whether the Social Action, Responsibility and Heroism Act 2015 (SARHA 2015) has any impact in assessing whether there has been negligence or breach of statutory duty (only since 13 April 2015)
causation and proximity
the age, disposition and mental capacity of the child
pupils injuring each other: the level of supervision expected in a school
the extent to which the child was at the material time under the care or control of the school
The following reported cases illustrate the impact of these principles of the law of tort on cases arising in
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