Negligence Claims Solicitors
A child’s formative years are incredibly important. Unfortunately, a school’s failure to provide adequate protection or educational care can have a long-term impact on their development, opportunities, and overall happiness.
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Please note that we do not act on behalf of schools, colleges or universities. We only act on behalf of pupils and students. Our team are dedicated and committed to helping pupils, students and their parents, to ensure their child performs to the best of their ability.
Please also note that we are only able to take on cases on a privately paying basis. If you are unable to privately fund your case, or you looking for general guidance on what actions you can take to protect you or your child’s education rights, you can contact Citizens Advice.
What is School Negligence?
The legal principle of negligence has developed through a series of cases over the last 150 years. In the education context school negligence may arise in the following circumstances:-
- where a pupil or student suffers physical injuries due to the school or individual staff member failing to take adequate steps to protect a child being injured. An example may be where a student is carrying out an experiment in a chemistry lesson, which results in chemicals burning their skin, due to inadequate protective steps taken by the school.
Where a pupil or student has received sub standard teaching. It may be the case that the child was taught the wrong syllabus or the teacher taught the correct syllabus but not to the correct level.
- Pupils “left behind” in the classroom.,
- Students sitting the wrong examination paper.
- Failing to follow-up on non-attendance or truancy.,
- Lack of support for special educational needs or disabilities that has resulted in lost opportunities as an adult.
As a consequence of school negligence, a child may suffer physical injury that may have long-term consequences for their ability to learn and general health, or due to their special educational needs not being addressed, not reaching their full potential. This could have lifelong consequences on their capacity to work.
Cases of educational negligence are treated with the seriousness they deserve. These are meticulously constructed. If you intend to pursue a negligence case against an educational body, whether school or college, it is essential that you seek out the right legal advice for your situation and the circumstances that surround the case.
Our team at IBB Law specialise in the research, support, and level of professional guidance required to make the best case possible and to pursue an outcome that you seek.
School negligence claims and college negligence claims are frequently complex because of the factual matrix and several strands of law requiring consideration. Where special educational needs provision is part of a negligence claim, there may also be overlapping claims for special educational needs and or an Equality Act claim.
Responsibilities for the school are not limited to classroom teaching. Legal responsibility of schools and teachers extends to ensuring the safety of pupils during break times and lunchtimes. The duty of care of schools also extends to school trips. Whatever activity is undertaken the principle remains the same, i.e. those responsible for the school trip are under a continuing duty to take reasonable care to safeguard the health, safety and well-being of their pupils.
One of the most important factors to consider is the collation of the evidence that forms the backbone of your case. This should be assembled before any claim is brought.
What legal fees do I have to pay for School Negligence?
We offer an initial fixed fee consultation meeting, by video, so you can explain to us your school negligence or college negligence enquiry. This is also an opportunity for you to provide us with any documentation you have, so we have a good understanding of the background.
We will provide legal advice during the consultation meeting. If we consider you have good grounds for pursuing a school negligence claim, we will outline the options available to you and what you may be able to achieve if you decide to pursue a school negligence claim.
The consultation meeting is on a fixed fee basis. If you would like us to advise after this meeting, to pursue a school negligence claim, we will provide you with an estimate of the likely cost and explain the work necessary to achieve the desired outcome. We aim to be clear as to the work we will undertake and to provide you with a realistic cost estimate. If you want to learn more about our services or if you have additional questions about your situation, please contact us directly to discuss your case in confidence.
Time limits for School Negligence Claims
If a pupil or student suffers injury at school, or out of school for which the school is legally responsible, the child is able to bring a claim any time up until three years following their 18th birthday. However, it is sensible to bring the claim as early as possible after the school negligence has caused injury so that important evidence is not lost and recollections of the circumstances remain clear in the mind of the pupil, student and those who witnessed the event.
It is similarly important that where a student has experienced below standard teaching that action is taken immediately to address the issue and to ensure that the pupil receives appropriate support to enable them to achieve their full potential at the time of sitting examinations.
Therefore, whatever the nature of the school negligence do not delay seeking legal advice, to ensure your son or daughter receives the justice and education they deserve.
Get clear legal advice and support for dealing with negligence claims
The information given here is intended for general information purposes only and should not be taken as legal advice.
If you want to know more about how we can help with your own legal queries surrounding school negligence claims or college negligence claims, please contact our education law senior legal administrator, Rachael, on 01895 207230 or email educationteam@ibblaw.co.uk Rachael can arrange an appointment with one of our specialist lawyers.
