Claims by pupils against Schools can be brought for Breach of statutory duty and/or Negligence. There are particular issues when dealing with a claim on behalf of a child, including limitation issues and specific court requirements. This Practice Note covers these issues and other topics, such as identifying the correct defendant, vicarious liability, and non-delegable duties of care.
Claims against schools by pupils can arise in a number of ways, including pupils:
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being injured due to condition of premises
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injuring each other or themselves
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being injured by a teacher or other school employee
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being injured outside school premises while undertaking activities
Cause of action and who to sue
Claims can be brought against schools under breach of statutory duty and/or negligence. There is considerable overlap but, generally, claims can be divided into two categories:
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occupancy duties—duties, which relate to the condition of school premises
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activity duties—duties, which concern things done on school premises (or outside school premises while performing school activities, eg a school trip or sporting activity)
Claims involving
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
School definition
What does School mean?
An educational institution providing primary and/or secondary education.
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