Claims and liability in the education sector
We’re long-standing, trusted advisors to the education sector with in-depth expertise, talent and experience in advising clients on the full range of their legal needs from commercial work through to claims.
We advise over 1,000 education sector organisations including schools (both independent and maintained), academies, further education colleges, universities, local authorities, and insurers. Our practice covers many areas including employers’ and public liability, special educational needs, disability discrimination, defamation, school admissions, commercial disputes and school reorganisations.
We recognise that civil claims is an area of concern in the education sector, with the potential for financial and reputational implications. As well as assisting our education clients by managing the full range of litigation they may face, we also provide advice on risk management in order to mitigate the likelihood of incidents or disputes occurring.
Our specialist team is consistently ranked Band 1 nationally by Chambers UK and Legal 500. We’ve been awarded the Education Investor Award for Legal Advisors to Education Institutions on an unprecedented five occasions, with judges commenting: “Browne Jacobson have revolutionised service delivery and pioneered a new delivery model for schools and are at the cutting edge of thought leadership for the sector.” Our legal services have been given the Independent Academies Association’s Assured Services Quality Mark which was established in recognition of the need for education providers to buy from a reliable, safe source. Both the DfE and the Association of School & College Leaders support the IAAS Quality Mark.
Our education team is also the only one to be the Approved Law Firm Partner of all three of the National Governance Association (NGA) and the Independent Academies Association (IAA). We’ve acted for all the major insurance providers in the education sector and are appointed to handle claims arising under the Department for Education’s (DfE) Academies Risk Protection Arrangement (RPA).
What we do...
- Defence of employers’ and public liability claims, including dyslexia, bullying, stress and violence in the workplace.
- Acting on behalf of education institutions in a matter arising from property damage, to include pursuit of recoveries.
- Successfully defending allegations against schools who have failed to adequately address and deal with bullying in and out of the classroom.
- We have defended more failure to educate claims than any other firm in the country and we have done so to such good effect that these claims are now very rare.
- Recovery actions following damage to school property and equipment.
- Defending claims involving allegations of disability or sex discrimination.
- Acting on behalf of schools in contractual disputes with suppliers, with associated enforcement action.
- We’re also a key part of the team that delivers our market leading Quickcall service.
Featured experience
Secured a successful recovery for a school
Secured a successful recovery for a school in a substantial breach of contract claim against a contractor.
Successfully defended a claim brought against a school
Successfully defended a claim brought against a school after the claimant, a sixth form pupil, suffered a significant injury while climbing over locked school gates. In an important decision for schools, the court concluded that the duty of care owed was not breached, with the outcome emphasising that courts will be slow to impose an unreasonably high burden and that there is not a duty to warn of an obvious risk.
Successfully defending a claim for failure to educate
Successfully defending a claim for failure to educate, in particular failing to assess a child’s special education needs adequately or at all, including a failure to seek specialist input at the appropriate time.
Successfully defended a number of universities
In the higher education arena, we have successfully defended a number of universities against allegations of disability discrimination under the Equalities Act, including a recovery of the defence costs. We have also supported universities through their Stage 3 complaints process to ensure a consistent investigation and response to a discrimination complaint, which the university knew would most likely be pursued to the OIA and a civil claim.
Related expertise
Key contacts
Laura Broadhead
Senior Associate
Sarah Erwin-Jones
Partner
Victoria Hemsell
Senior Associate
Leah Jones
Partner
Joanne Pruden
Partner
Helen Rideout
Partner
James Fawcett
Partner
Katherine Langley
Senior Associate
Herjit Khinda
Legal Director
You might be interested in
Legal Update
New higher education harassment and sexual misconduct condition
Legal Update - Be protected
Be protected: New data and AI for schools magazine available now
Guide
KCSiE 2025 guidance: What schools need to know
Legal Update
Academy Trust Handbook 2025: Managing public money
Opinion
Updates to academy trust governance: A missed opportunity?
Legal Update
Data (Use and Access) Act 2025: What schools and trusts need to know
Press Release
Browne Jacobson’s School Leaders Survey illustrates concerns over financial resilience ahead of spending review
Legal Update
New novel, contentious and repercussive transactions guidance
Legal Update
Government seeks to ease the burden on universities regarding free speech obligations
Legal Update
What will the new RISE Scheme mean for schools and academy trusts?
On-Demand
School attendance: Getting to grips with the new regulations
Press Release
Comments on the publication of Ofsted’s new school inspection handbook
Legal Update
Interventions and penalties for school non-attendance
Legal Update
What the UK Covid-19 Inquiry means for schools
Legal Update
Changes to attendance requirements for schools
Legal Update
Transgender and gender questioning guidance update
Legal Update - Procurement Act
Brookhouse case: Court of Appeal decision in respect of time limits for procurement challenges
On-Demand
Understanding the changing role of company secretary for academy trusts
Guide
Revisions to Ofsted’s complaints procedure: what you need to know
Opinion
Can teachers personal and political views amount to misconduct?
Legal Update
Changes to academy conversion funding
Legal Update - Economic Crime and Corporate Transparency Act
All change at Companies House - Corporate Transparency Act
Legal Update
Work experience placements – commendable: have them, and be alive to the risk
Legal Update
Vicarious liability – don’t overlook the importance of close connection
Legal Update
The Schools Bill – law no more
In July, we published an update on the Schools Bill with the news that the proposed legislation relating to new academy standards and extended intervention powers for academy trusts would be removed. Last week, we received broader news of the dropping of the Bill, with education secretary Gillian Keegan announcing that it will not reach its third reading in the House of Lords.Guide
Good governance essential to avoid falling foul of the ESFA
There’s been little evidence of interventions or financial management reviews this year and it appears the Education and Skills Funding Agency (ESFA) has re-focussed on financial delivery. It’s also telling that there were no discernible changes to the reporting of financial irregularities in the Academies Trust Handbook 2022.
Legal Update
Children's commissioner recommendations for SEND reform
The Children’s Commissioner, Rachel De Souza, has recently published a report “Beyond the labels: a SEND system which works for every child, every time”, which she intends to sit alongside the DfE’s SEND Review (2019) and SEND Green Paper (2022) and which she hopes will put children’s voices at the heart of the government’s review of SEND system.
Legal Update
Complaints management in schools - exploring a new way forward
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.
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.
Legal Update
Academy Trust Handbook 2022 — Latest Edition
Guide
A Guide to the Schools Bill 2022
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
Opinion
Asbestos: Still the UK’s number one occupational killer
A ResPublica report highlighted that asbestos continues to be the UK’s number one occupational killer, with nurses and teachers 3 to 5 times more likely to develop mesothelioma than the general UK population. The House of Commons Work & Pensions Select Committee is investigating how the HSE manages the continued presence of asbestos in buildings.
Legal Update
Civil claims in schools
Civil claims are an ongoing area of concern for schools, with the potential for financial and reputational implications. Here at Browne Jacobson we assist both maintained schools and academies in dealing with the full range of civil claims that schools face.
Legal Update
Academy Trust Handbook 2021: the future focus as we recover from Covid-19
On-Demand
Evidencing compliance and how to get it right
Legal Update
New year, new approach – getting compliance right
Compliance is a broad term and covers the three Ps – paper, people and practice. Be it safeguarding, GDPR or health and safety, there is a direct link between high-quality, outcomes-focused training and the impact on staff and children in your setting and to help you get it right, here are my eight tips for excellent compliance training.