Schools delay of hammer attack inquiry was unaccep

0370 270 6000

Search Mobile

collapse

already registered?

Please sign in with your existing account details.

Email address

Password

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

collapseSign

Browne Jacobson home

Home

Insights

Blogs

Schools delay of hammer attack inquiry was unacceptable, say the courts - what knock on effect will this have?

23 October 2009

Insurers advised the Ridgeway School in Wroughton against co-operating with Swindon Local Safeguarding Children Board in carrying out a serious case review into the attack on student Henry Webster in 2007. Their reasoning? They thought it would effect their liability.

The judge said the purpose of statutory case reviews was to learn serious lessons to prevent similar incidents - the review was eventually completed but some months after the attack and was found to be unsatisfactory. The judge has today ordered it be carried out again.

Schools have to weigh up their obligations to both insurers and the safeguarding board because they must balance any potential liability in a negligence claim against their pervasive safeguarding obligations. It begs the question, how should schools react when their insurers start 'advising' how and when investigations should be carried out?

Related opinions

Schools face scrutiny over Covid-19 vaccinations for children

On 4 June, the Medicines and Healthcare products Regulatory Agency (MHRA) approved the use of the Pfizer/BioNTech Covid-19 vaccine for 12- to 15-year-olds.

View blog

School not liable for reckless actions of a student

The decision reinforces that the standard of the duty of care owed by schools is one or reasonableness.

View blog

Avoiding grade challenges on ‘unconscious bias’

A system based on teacher assessed grades, rather than external exams, was inevitably going to give rise to speculation about bias and objectivity in teacher assessment and grading decisions. Schools can prepare now for these kinds of challenges by ensuring that they have clear written evidence readily available.

View blog

Teachers report inadequate training on peer-on-peer abuse

Despite the increased media and regulatory focus on peer-on-peer abuse within schools, teachers are still reporting that they feel undertrained and ill-equipped to recognise and respond to allegations and incidents.

View blog

View all blogs