logo-education
0370 270 6000

already registered?

Please sign in with your existing account details.

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

teacher not expected to be ‘all-seeing’ - common sense prevails?

23 July 2012

The Court of Appeal has overturned a court’s previous decision to award a schoolboy damages of £21,000 for injuries caused to his face when he was hit with a golf club by a fellow pupil during a PE lesson.

The Court overruled the original decision which found Redcar and Cleveland Council liable for the injuries. The original decision considered that the teacher had been negligent in failing to keep all of the 22 pupils in the class “in his line of sight” at all times.

This “unrealistic burden” was overturned by the Court of Appeal who found that, however observant a teacher was, he could simply not be expected to see every action of all the pupils at all times.

In light of an increasing tendency by the courts to place onerous duties on employers and occupiers alike, we hope this decision heralds a change in the tide and that common sense will finally prevail on such personal injury claims for the future.

related opinions

UK universities receive fire and safety complaints

Statistics released by Eaton indicate that 1 in 4 Universities have received complaints about fire safety issues or building evacuation procedures from students, staff or members of the public in the last 5 years.

View blog

DfE to issue more guidance on Sex Education and parents rights

The DfE has recently laid its draft Regulations on Relations, Sex and Health Education before Parliament and has published accompanying draft statutory guidance.

View blog

Link between exclusions and knife-crime?

Recent press coverage of an increase in knife attacks has raised concerns over what can be done to tackle what is fast becoming a national crisis.

View blog

Responding to the heatwave

The recent heatwave has caused challenges for staff and pupils alike. What duties do schools have to protect them from excessive heat?

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up