By Cat Harmony. Last Updated 12th August 2024. If you want to know how to sue a school, this guide will help. We will attempt to make the process as simple as possible for you to understand.
The school owes their pupils and members of staff a duty of care. They should reduce the risk of injury as much as possible.
Furthermore, a school is responsible for safeguarding the personal data that it collects. The school would be considered a data controller, and the natural persons to whom the data relates are known as data subjects.
In this guide, we’ll look at the process of claiming against a school for a personal injury. We’ll also look at what a No Win No Fee agreement is and how this could benefit you if you have a valid claim. You’ll also find out how much personal injury compensation you could receive in a claim against a school.
If you have any more questions, please don’t hesitate to get in touch. You can do so through the following channels:
- Call us on 0800 408 7827
- Use our live chat feature at the bottom of your screen
- Contact us online
Choose A Section
- How To Sue A School For Personal Injury
- Examples Of Accidents In A School
- What Evidence Is Needed To Sue A School?
- How Much Compensation Could I Get In A Claim Against A School?
- Am I Eligible To Get A No Win No Fee Agreement?
- Learn More About How To Sue A School
How To Sue A School For Personal Injury
Schools, nurseries, and universities have a responsibility to safeguard staff, students, parents and visitors on their premises. When a school neglects this duty of care, and you suffer an injury as a result, it could make you eligible to make a personal injury claim. Furthermore, if your child suffered injuries due to the negligence of the school, then you could be entitled to claim on their behalf as their litigation friend.
You will need to show that a breach of duty of care directly led to the injury. For example, if a child was running across a playground and tripped on their own shoelaces and fell, then this would not be due to the school’s negligence and you would not be able to claim.
However, if a child was playing on playground equipment that was in a poor state of repair, and a child was injured because of this, then it may be that the school neglected their responsibility to carry out regular checks and repairs. As a result, a compensation claim may be able to be made on behalf of the child.
You may be wondering if you have sufficient evidence to make a valid claim. Speak to our advisors for more insight and guidance on how to sue a school; they can offer you a free assessment of your case.
Examples Of Accidents In A School
The duty of care that a school owes is set out in two main pieces of legislation. The Health and Safety at Work etc. Act 1974 outlines the duty of care that they owe staff, visitors and pupils who attend the school. It states that all reasonably practicable steps should be taken to reduce or remove hazards that pose a risk of injury.
Below, we have included some examples of accidents that could occur on school grounds and the injuries they could result in:
- Slips, falls and trips: A slip or trip accident could cause a range of different injuries. For example, a parent picking up their child might slip on a loose carpet tile, causing them to fall and sustain a broken cheekbone. Similar accidents could happen to a school employee.
- Defective equipment: It is down to schools to ensure their equipment, including playground equipment, is safe enough to be used and replace them if there are any faults. For example, a child could be on a swing when the chain breaks, causing the child to fall to the floor and sustain a break or fracture.
- Accidents on school trips: Schools are still responsible for children on school trips and should supervise children to prevent potential accidents. They should also ensure that they only take children on appropriate trips and ensure that any locations where trips are arranged have the appropriate safety measures in place. Failure to do so could cause an accident resulting in a broken rib.
Read on to find out more information on how to sue a school. Additionally, you can use the live chat feature on this page to discuss your case with an advisor.
What Evidence Is Needed To Sue A School?
One of the most important steps you can take while taking legal action against a school is collecting evidence. Evidence strengthens and supports your case, and this kind of proof can increase your chances of receiving compensation.
Some examples of evidence that you could use to sue a school include:
- Photographs of your child’s injuries, or of the accident site. For example, this could include a broken swingset or desk.
- CCTV footage of the accident. If your child’s school has CCTV, you may be able to request the footage of the accident.
- Witness statements. While you can’t take these statements yourself, you can take down the contact details of teachers or support staff who witnessed the accident so a professional can take their statements at a later date.
- Medical records that show the extent of their injuries. This can include x-rays and test results.
If you choose to work with a solicitor, they can help you prove your claim by exploring new avenues for evidence and potentially arranging for your child to undergo an independent medical assessment.
To learn more about how to sue a school with one of our expert solicitors, get in touch with our team of friendly advisors today.
How Much Compensation Could I Get In A Claim Against A School
The Judicial College Guidelines (JCG) is a document that legal professionals may use to value claims. The estimations in the guidelines are based on previous court cases where compensation has been awarded.
It is worth noting that the figures only account for general damages. This is the part of your settlement that relates to the pain and suffering caused by your injuries or your child’s injuries if you’re claiming on your child’s behalf. You can view figures for certain injuries below, but note that the first entry is not based on the JCG.
| Injury | Severity | Guideline compensation |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Serious | Up to £500,000+ |
| Leg | Severe (b) (i) | £117,460 to £165,860 |
| Severe (b) (ii) | £66,920 to £109,290 | |
| Pelvis and Hips | Severe (a) (i) | £95,680 to £159,770 |
| Moderate (b) (i) | £32,450 to £47,810 | |
| Knee | Severe (a) (i) | £85,100 to £117,410 |
| Moderate (b) (i) | £18,110 to £31,960 | |
| Skeletal (facial) | Jaw fracture (e) (i) | £37,210 to £55,570 |
| Wrist | Less severe (c) | £15,370 to £29,900 |
You could also claim special damages, which relate to financial losses caused by your accident. You should be able to provide proof, such as bills, statements and receipts to support this head of your claim.
If your injury is not listed, speak to our team of advisors. They could connect you with a solicitor if they think you have a valid claim.
What Happens To Compensation For Children?
If you make a successful claim against a public school or private school, your child will receive compensation. This compensation will be held in trust by the Court Funds Office (CFO).
If you are acting as your child’s litigation friend, you will have control of this account until they turn 18. However, in order to withdraw money from this account, you have to make a statement outlining how the payment will be used to support the child.
You may also be asked to provide evidence. For example, if your child suffered a brain injury and the money was needed to pay medical bills for specialist treatment, you may be asked to provide an invoice or letter of treatment from the relevant doctor.
In most cases, the child will receive a letter or email from the CFO in the weeks before they turn 18, providing instructions on how to apply for their compensation. If their application is successful, their compensation will be released to them, and they will have complete control over it.
To learn more about suing a school, read on. Or, contact our team today for a free case review.
Am I Eligible To Get A No Win No Fee Agreement?
If you contact our advisors about your potential personal injury claim against a school, then they could review it to determine if you have a valid case. If they determine it is valid, then they could put you in touch with one of the solicitors on our panel.
Our panel of solicitors can support claims under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). Under such an arrangement, you won’t need to pay your solicitor for their services before the claim begins or while it is being processed. You also won’t need to pay your solicitor for their work if the claim fails.
If you make a successful claim, then your solicitor takes a success fee from you. This means they’ll take a small and legally capped percentage of the compensation awarded to you.
To learn more about how to sue a school with a No Win No Fee solicitor, contact our advisors for free today. They can also offer you free advice for your specific case and answer any additional questions you may have about the claiming process. You can contact our team by:
- Calling 0800 408 7827
- Contacting us online.
- Or by using our 24/7 live chat service.
Learn More About How To Sue A School
If you’re wondering how to sue a school, you may find the following resources helpful:
- Make a complaint – Report a data breach to the ICO.
- Get medical help – NHS guidance on where to get help for your symptoms.
- Incident reporting in schools – The latest HSE stats on school accidents.
Here are some more of our guides you may find useful in regards taking legal action and how to claim compensation:
Thank you for taking the time to read our guide on how to sue a school. Get in touch for answers to any more questions you might have.