Work experience placements – commendable: have them, and be alive to the risk
As a new academic year starts a number of our social care and education clients are offering a huge amount of benefit both to young people contemplating their careers, and to service users by offering work placements. Both sectors need as much new enthusiastic talent as they can get.
While reaping all the benefits, it is important that employers also have their eyes open to the risk, as a court decision MXX v A Secondary School [2023] EWCA Civ 996 (25 August 2023) last week illustrates.
In MXX a Claimant’s appeal was being considered. She had originally sought damages from the school on the basis it was vicariously liable for a serious sexual assault perpetrated by an 18-year-old referred to as PXM who had undertaken one week’s work experience.
Six months after the work experience has concluded the Claimant was sexually assaulted by PXM who subsequently pleaded guilty in the criminal court. At the original trial the Judge concluded that in all the circumstances of the case the school was not vicariously liable for the actions of the work experience student, not least because the assault had been committed well after the work placement had ended. The Claimant appealed on various grounds. The Court of Appeal found that:
- The trial Judge had overlooked various aspects of the evidence and should have considered in more detail that what happened during that one week’s worth of work experience.
- Contrary to the original Judge’s findings, the conduct and mental element of the tort of intentional infliction of injury were made out during the work experience placement.
- Although this was a work experience placement, the relationship between the 18-year-old and the school was “akin to employment”. The Court took into account the briefing the young man received upon commencing his work placement and the level of supervision he was subject to, amongst other factors.
However, ultimately the Court of Appeal did not allow the Claimant to proceed because, given the limited nature of the work experience role the Claimant had failed to satisfy that the grooming which led to the sexual assault was inextricably woven with the carrying out of the work experience responsibilities. In those circumstances it was not just and fair to hold the school vicariously liable for the acts in question. If the facts had been just a little different, the case could have gone in the Claimant’s favour.
Most people seeking work experience or entering any kind of profession with a pastoral element are doing so for precisely the right reasons. However it is important to vet train and supervise work experience students just as thoroughly as you would for conventional employees. It is also important that your organisations brokers and insurers are made aware of any intention to provide placements to work experience students.
Key contact
Sarah Erwin-Jones
Partner
Sarah.Erwin-Jones@brownejacobson.com
+44 (0)115 976 6136
You may be interested in...
Legal Update
Safeguarding judgements and school intervention
Legal Update
Work experience placements – commendable: have them, and be alive to the risk
Legal Update
School building safety is ‘a critical risk’
On-Demand
Keeping Children Safe in Education 2023 – implementing the key changes
Legal Update
Public Consultation on a Mandatory Reporting Regime for Child Sexual Abuse
In Person Event
Child Protection in Education 2023 - London
Legal Update
Detailing safeguarding information in references- the outcome of Smith v Surridge and others
Legal Update
The Online Safety Bill – what does it mean for schools?
Legal Update
Safeguarding at scale report published
Guide
FAQs - converting to academy status
Legal Update
Protecting children and their data in the online environment
Legal Update
Top three training topics 2022-23
As well as providing day-to-day support to help you focus on managing your settings, we also provide training and professional development on a range of topics to keep you and your staff up-to-date.
Guide
The Independent Inquiry into Child Sexual Abuse - A guide for schools and trusts
Press Release
Law firm picks up record breaking sixth Education Investor Award
Browne Jacobson’s education team has been named as winner of the ‘Legal Advisors to Education Institutions’ category at the Education Investor Awards 2022 for a record sixth time.
Press Release
Thousands take part in virtual careers event to help increase diversity in the legal profession
Over 3000 young people from across the UK and Ireland took part in a virtual legal careers insight event, aimed at making the legal profession more diverse.
Legal Update
Browne Jacobson’s market leading Education expertise recognised again in latest Legal 500 rankings
The new set of Legal 500 directory rankings have been published and we are proud to once again be recognised as one of the country’s leading firms advising the Education sector.
Guide
How to carry out the KCSiE online checks FAQs
There is (understandably) some confusion about the steps schools and trusts need to take to discharge the new online check duty set out in paragraph 220 of KCSIE. I can’t completely clarify all of it for you, but I can help you find a sensible route through. These FAQs are a good place to start.
Legal Update
Understanding the Appropriate Adult expectation
Legal Update
Keeping Children Safe in Education 2022: updated Governor and Trustee training requirement
The two biggest changes in the new safeguarding guidance revolve around sourcing high quality governor and trustee training and the new requirement to carry out online searches for shortlisted candidates.
Legal Update
Keeping Children Safe in Education 2022: Online searches for shortlisted candidates
The two biggest changes in the new safeguarding guidance revolve around sourcing high quality governor and trustee training and the new requirement to carry out online searches for shortlisted candidates. This article focuses on how and when to carry out online searches. In the coming week we will follow up with everything you need to consider when sourcing high quality governor or trustee training.
Published Article
Complex safeguarding allegations
Whilst Schools and Academies exist to educate and inspire young people, their primary obligation is their protection. Keeping Children Safe in Education (“KCSIE”) is at the heart of everything that educational institutions do and impacts on every decision, however big or small.
Press Release
Browne Jacobson’s C-suite exec level coaching team appoints two new education specialists
National law firm Browne Jacobson has grown its team behind its dedicated Space + Time executive coaching programme with the addition of two more qualified coaches who will work with clients in the education sector.
On-Demand
Complex allegations and safeguarding terminations: How to limit cost, risk and delay
Be empowered to take a realistic approach to risk by understanding the likely outcomes of a dismissal. And, learn how timely, strategic decision-making can limit costs associated with removing unsuitable employees.
Legal Update
Three main changes in draft Keeping Children Safe in Education 2022 guidance
Published Article
KCSIE: How to research applicants' online profiles
The Department for Education published the draft 2022 version of Keeping Children Safe in Education. A few changes caught the eye and the one that most of us in education are discussing relates to a new set of text that suggested checking the online presence of job applicants.
Published Article
Schools and Covid vaccinations - the legal landscape
The Government has decided that healthy 12 – 15 year olds can receive the Covid-19 vaccine and this autumn the first dose is being offered as part of the school based vaccination programme.
Press Release
Browne Jacobson hosts UK’s largest virtual legal careers event to boost access to careers in law
Press Release
New benchmarking service now available to guide the remuneration of school trust executive teams
The Confederation of School Trusts (CST), as the sector body for School Trusts, today releases a salary benchmarking service for executive roles in School Trusts, in conjunction with partners XpertHR, Cendex and Browne Jacobson.
On-Demand
Keeping Children Safe in Education 2021
The Keeping Children Safe in Education 2021 guidance includes a number of updates, the most significant of which is the creation of Section Two of Part Five. This introduces the concept of low-level concerns raised about staff, supply staff, volunteers and contractors.
Legal Update
Mandatory directing off-site
On 17 September 2021, the High Court handed down judgment in the case that covers some important points in relation to directing pupils off-site and is one of the few cases that covers the powers of schools to do so.
Legal Update
Updated guidance on Covid-19 vaccination: 12 to 15 year olds
On 13 September the Department of Health and Social Care announced that young people aged 12 to 15 are to be offered a Covid-19 vaccine. People aged 12 to 15 in England will be offered one dose of the Pfizer/BioNTech COVID-19 vaccine, following advice from the four UK Chief Medical Officers (CMOs).
Opinion
Does the move into Step 4 mean the ending of Covid-19 restrictions within schools?
With the Prime Ministers announcement that he intends for Step 4 to begin on 19 July, this will also bring an end to the restrictions currently in place on education settings.
On-Demand
Grades without exams webinar: explore practical challenges when preparing for grade appeals
In the final of our three-part ‘Grades without Exams’ webinar series, we explored practical challenges when preparing for grade appeals and managing data requests.
Opinion
Advocacy in Action: Female Genital Mutilation Protection Orders (FGMPO)
Opinion
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.
Legal Update
Future-proofing your Centre Policy
Exams centres, including schools, have between 12 and 30 April 2021 to develop and submit their Centre Policy. This policy will set out the centre’s approach to assessment and quality assurance during this summer’s teacher assessed grading (TAGs) process.
Legal Update
Preparing to award teacher assessed grades
Schools will now be tasked with reading a vast amount of information to get themselves ready to provide teacher-assessed grades (TAGs) for students following the recent publication of the suite of Joint Council Qualifications (JCQ).
Legal Update
Everyone’s Invited – Ofsted to review safeguarding policies
Ofsted has announced that it will begin an immediate review of school safeguarding policies. It is now time that you take steps to ensure your policies and procedures are up to date.
Legal Update
Grades without exams - FAQs
In the absence of exams, the Department for Education (DfE) and Ofqual have confirmed that the 2021 GCSE, AS and A level and vocational and technical qualification grades will be determined by centre assessment.
Opinion
Allegations of abuse in schools, colleges and universities
The website “Everyone’s Invited” is a movement which is “committed to eradicating rape culture” and describes “rape culture” as “all the ways that different forms of aggressive and violent sexual behaviour are normalised, encouraged and even admired by society”. Find out more.