Claims against schools


Published by a ³ÉÈËÓ°Òô PI & Clinical Negligence expert
Practice notes

Claims against schools


Published by a ³ÉÈËÓ°Òô PI & Clinical Negligence expert

Practice notes
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Claims against schools by pupils can arise in a number of ways, including pupils:

  1. •

    being injured due to condition of premises

  2. •

    injuring each other or themselves

  3. •

    being injured by a teacher or other school employee

  4. •

    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:

  1. •

    occupancy duties—duties, which relate to the condition of school premises

  2. •

    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 occupancy duties can be brought against the school occupier for breach of statutory duty under the Occupiers' Liability Act 1957 (OLA 1957). Identifying the occupier is often straightforward, being the owner of the premises in physical occupation. It is not specified by statute, but if a child is injured at a state school, usually the occupier will be

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Jurisdiction(s):
United Kingdom
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Key definition:
School definition
What does School mean?

An educational institution providing primary and/or secondary education.

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