Q&As

Is there any guidance or case law on the duty of care owed by a school to children outside of the school gates, eg on a footpath near to the school? Assume that the child was injured by a vehicle.

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on LexisPSL on 17/10/2019

The following PI & Clinical Negligence Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:

  • Is there any guidance or case law on the duty of care owed by a school to children outside of the school gates, eg on a footpath near to the school? Assume that the child was injured by a vehicle.

Is there any guidance or case law on the duty of care owed by a school to children outside of the school gates, eg on a footpath near to the school? Assume that the child was injured by a vehicle.

See the judgment of Mr. Justice Nicol in the High Court case of Webster v Ridgeway Foundation School. Paragraphs [111]–[121] of the judgment provide analysis of the relevant authorities on the duty of care owed by a school to pupils within the school.

The basic starting point is the oft-cited ratio of Auld L.J. in the Court of Appeal case of Gower v London Borough of Bromley that:

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