When we send our children to school, we expect that local authorities, academy trusts, or private education providers will take all necessary steps to ensure they are reasonably safe. The failure to protect pupils can have devastating consequences for families, and children may find their education disrupted on top of any physical or psychological harm. To make an accident at school claim on behalf of your child or yourself (as a visitor or staff member), you must show that an injury was sustained because of the school’s negligent actions.
Our panel of expert public liability claims solicitors recognises that any injury to a child is deeply distressing, and so works to provide a supportive space for all affected families throughout the legal process. They provide empathetic guidance and practical support, with an emphasis on client care. To learn more and find out about claiming for a school accident, please get in touch today.
Jump To A Section
- Can I Make A School Accident Claim
- Can Compensation Be Claimed For Accidents Outside Of School?
- What Types Of Accidents And Injuries Could Occur At School?
- How Much School Accident Compensation Could Be Awarded?
- How Will A Child Be Paid Their School Injury Compensation?
- What Will Be Needed To Bring A Claim For An Accident At School?
- How Can Public Interest Lawyers Help With School Accident And Injury Claims?
- Claim For An Accident At School On A No Win No Fee Basis
- Frequently Asked Questions
- More Information
Can I Make A School Accident Claim?
Yes, you can make a school accident claim as a parent or legal guardian of an injured child, as a visitor, or as a member of staff if the harm sustained directly resulted from the school’s negligent actions. To establish the eligibility of an accident at school claim, it must be shown that:
- 1. The School Owed You or Your Child A Duty of Care: Schools have legal health and safety responsibilities to ensure, as far as is reasonably practical, the safety of pupils during school hours, off-site field trips, and after-school clubs. This duty is governed by Sections 3 and 4 of the Health and Safety at Work etc Act 1974, which applies to non-employees on premises. Schools can meet their legal obligations in several ways, including providing appropriate supervision and regularly inspecting premises for hazards. They also have a duty of care to take reasonable action to protect the health and safety of visitors and staff.
- 2. The School Breached Their Duty: You must show that the school did not act as a reasonable organisation would, breaching the duty of care that was owed. For instance, the school may have ignored documented faults in outdoor play equipment or failed to signpost known spills or leaks.
- 3. The Breach Caused Injuries: Finally, there must be a direct connection between the breach and the injuries you or your child sustained. In the above example, your child might have fractured their knee in a fall caused by the failure to repair the play equipment. Claims can cover multiple injuries, including psychological harm.
School Accident Claims For Children
School accident claims for children may be brought by a parent, guardian or other party on their behalf, or by the child once they turn 18. Those under the age of 18 are unable to take any legal action on their own and therefore require an eligible adult to represent their interests as their litigation friend.
Adults appointed to this role may initiate the claims process at any time before the child turns 18. If they do not, the child can pursue compensation for themselves once they turn 18.
School Accident Claims For Visitors
Visitors who sustain injuries in school accidents are owed a duty of care under the Occupiers’ Liability Act 1957. This requires the local authority, a private school, or a multi-academy trust to take practical action as the party in control of a public space to ensure the reasonable safety of visitors. If they fail to properly maintain the school premises or display warning signs for known hazards, such as slippery floors in dining halls, they may be liable for any resulting injuries.
School Accident Claims For Staff
School staff are owed a duty of care by their employer under the Health and Safety at Work etc. Act 1974. This legislation requires reasonable steps to ensure the health, safety, and wellbeing of employees, such as carrying out regular risk assessments or providing role-specific training. You could bring a claim if the school’s failure to protect your health and safety caused you to be harmed.
Please get in touch today to find out how a solicitor from our panel can provide support throughout the school accident claims process.
Can Compensation Be Claimed For Accidents Outside Of School?
Compensation can be claimed for accidents outside of school if a child sustains an injury during school-organised activities, such as off-site field trips and sporting events. Schools have a legal duty of care to safeguard pupils in all authorised school-related activities, which means they must provide adequate supervision and conduct thorough risk assessments.
For example, your child may have wandered into a hazardous spot and been injured because a teacher failed to maintain adequate supervision during a primary school trip. In such circumstances, you may be able to pursue compensation on their behalf. Our team could help explain the process of claiming for your child’s accident. Please get in touch today.
What Types Of Accidents And Injuries Could Occur At School?
Slips, trips, and falls on playgrounds, sports halls, and hallways, often causing broken bones and head trauma, are some of the most common types of accidents and injuries that occur at school. We outline some specific scenarios below:
- Slips, trips and falls: A visiting parent trips on a broken paving slab while making their way through school grounds. They twist their ankle and fracture a wrist in the resulting fall. The disrepair was known, but repairs had been repeatedly delayed as a cost-saving measure.
- Playground accidents: The surfacing material and a climbing frame at a school play area are in very poor condition. Several inspections identify these as hazards, but no action is taken to repair them or cordon off the area. This results in the frame giving way whilst a child is using it, causing them to fall and sustain a serious head injury and a dislocated shoulder.
- Food poisoning or allergic reactions: A school pupil is served food to which they are allergic in the dining hall. The dinner staff are aware that the child has a serious allergy, but make no effort to accommodate this. This causes the child to have a serious allergic reaction when they are served a dish containing a triggering ingredient, resulting in the child needing hospital treatment.
These are just some examples of the types of accidents and injuries which could happen on school grounds. Contact our team if your family has been affected by an accident at a school, and find out whether a claim can be made.
How Much School Accident Compensation Could Be Awarded?
How much compensation could be awarded for a school accident depends on the injuries suffered, their long-term impact, and whether there were any financial losses. Compensation for any physical or psychological injuries is covered by the head of claim, general damages. This head may be calculated by legal professionals in line with the Judicial College Guidelines (JCG), as this document publishes suggested compensation brackets for various forms of injuries.
While the initial row in the table below is not sourced from the JCG, all other figures found in it are from the document. They are all suggestive, meaning they cannot be taken as a guarantee of compensation.
| Harm | Severity | Compensation |
|---|---|---|
| Multiple injuries + special damages (e.g., lost income, medical costs, and travel expenses) | Very severe | Up to £1,000,000+ with special damages |
| Paralysis | Tetraplegia: Considers level of residual movement and independence | £396,140 to £493,000 |
| Brain | Moderately severe: Based on insight, life expectancy and awareness | £267,340 to £344,150 |
| Neck | Severe (ii): Such as serious fractures, etc | £80,240 to £159,770 |
| Back | Severe (ii): Such as nerve root damage and loss of sensation | £90,510 to £107,910 |
| Knee | Severe injury: Fracture extending into the joint | £66,610 to £85,100 |
| Shoulder | Severe: Significant disability involving brachial plexus damage | £23,430 to £58,610 |
| Arm | Less Severe injury: Substantial recovery will have occurred (or will) following significant disabilities | £23,430 to £47,810 |
| Ankle | Modest injury: Undisplaced or less serious bone fractures | Up to £16,770 |
| Achilles tendon | Minor injury: Turned ankle with some tendon damage | £8,870 to £15,370 |
Can Special Damages Be Awarded In Accident At School Claims?
Yes, special damages can be awarded in accident at school claims, if the injuries sustained in an incident result in financial losses. Special damages can cover a variety of losses, including:
- Income lost from taking time off work, such as to care for your child.
- The cost of private medical treatment, including physiotherapy.
- Paying out of pocket for private tutors to assist with your child’s studies.
- Care expenses, either provided gratuitously by loved ones or professionals.
- Domestic adaptations to improve accessibility.
You must provide evidence, such as invoices or bank statements, of these costs for your school injury claim to take them into account.
Can Parents Of Injured Children Claim For Financial Losses Too?
Parents of injured children can claim for financial losses, too, if a child’s injuries directly result in out-of-pocket costs, such as lost income from taking time off work. In addition to this impact on earnings, parents may also need to pay for additional childcare, private educational support, and essential accessibility modifications in the family home.
A No Win No Fee solicitor from our panel could provide a thorough assessment, so that any school injury compensation claim made accounts for the long-term impact on your family. You can learn more about this service by reaching out today.
How Will A Child Be Paid Their School Injury Compensation?
Compensation awarded to a child will be paid directly into a Court Funds Office (CFO) account and held in trust for them until they turn 18. Whilst the funds are held in trust and invested on behalf of the child, a litigation friend may be able to make withdrawals for them.
Any withdrawals must be necessary for the child’s benefit and must be made to the court. The court will decide on whether and what amount of funds should be dispersed. Once a child turns 18, they can apply for their compensation to be transferred to them.
A solicitor from our panel can provide tailored support throughout the claims process. If you’d like to learn about these services or how compensation is awarded for a successful school accident claim, please get in touch with our team.
What Will Be Needed To Bring A Claim For An Accident At School?
Evidence will be needed to bring a claim for an accident at school, such as medical records, incident reports, and CCTV footage. Claims must also be submitted within the applicable limitation period.
Evidence To Support An Accident At School Claim
Evidence to support an accident at school claim can include:
- Official accident reports: The school should record all incidents in an accident book.
- Medical records: Including details of the injury you or your child sustained, treatment required, and prognosis for recovery.
- Witness contact details: This information may be used by a solicitor to obtain supportive statements from staff members, bystanders, and others.
- Visual evidence: Such as CCTV footage from school grounds or photographs of the accident scene and visible injuries.
You can learn more about the evidence needed for a school injury claim in our dedicated guide.
School Accident Claim Time Limits
Time limits for starting school accident claims are set by the Limitation Act 1980. Under this, adult claimants acting on their own behalf have 3 years from the date of the incident to start a claim. Claims involving children may be brought at any point by a litigation friend up until the child turns 18. Subsequently, they then have 3 years to make their own claim. You can read more about the limitation period in our guide.
A solicitor from our panel could help you to gather evidence and file your school injury compensation claim within the time limit.
How Can Public Interest Lawyers Help With School Accident Claims?
The panel of solicitors here at Public Interest Lawyers can help with school accident claims by gathering evidence, negotiating with the opposing side, and providing supportive, client-focused legal representation. They have extensive experience guiding clients through the process, and can:
- Break down the school accident claims process, with straightforward, jargon-free advice and answers.
- Provide regular, transparent updates about the progression of the claim.
- Arrange an independent medical examination to strengthen the claim.
- Connect you or your child to specialist support services.
- Negotiate with the other party to secure a fair settlement.
Please contact our team for help and find out what support is available when making a school accident claim.
Claim For An Accident At School On A No Win No Fee Basis
You could claim for an accident at a school or on a school trip on a No Win No Fee basis with a solicitor from our panel. All the expert personal injury solicitors on our panel provide their services under what is called a Conditional Fee Agreement (CFA).
This type of agreement means that a school accident compensation claim can be pursued without:
- Upfront service fees for the solicitor’s work fees.
- Ongoing service fees being charged.
- Any service fee payments to make if the school accident claim is unsuccessful.
Instead, our solicitors receive a small success fee when a claim goes in a client’s favour. This fee is calculated as a percentage of the compensation, agreed upon in advance, and capped by law.
Contact Our Advisors
Contact our advisors to discuss your situation or ask any questions about how to make a school accident compensation claim. You can get started by using one of the options listed below:
- Call 0800 073 8803.
- Click here to contact us online.
- Talk to our team live.
Frequently Asked Questions
Below, we address some frequently asked questions about making an accident at school claim.
Can A Child Be Removed From A School After Claiming For Compensation?
A child cannot be legally removed from school after claiming for compensation with the assistance of a parent or other eligible adult. Exclusions are governed by the School Discipline (England) Regulations 2012 and the Education Act 2002, and must be strictly based on disciplinary reasons, specifically concerning a child’s behaviour.
Will A School Staff Member Lose Their Job After A Compensation Claim?
A school staff member should not lose their job after a compensation claim for an accident that was not their fault, and any such action may be classed as unfair dismissal.
Can A Claim Be Made If The Injured Party Was Partly To Blame For A School Accident?
A claim can be made if the injured party was partly to blame for a school accident, as this would still mean the school shares responsibility for their injuries. This is known as split liability, where compensation payouts are adjusted to reflect the level of fault apportioned between the two parties.
Will You Need To Take The School To Court If Making A Claim?
It is unlikely that you will need to take the school to court if making a claim, as only a small percentage of cases progress to this stage. The majority of claims are instead settled out of court.
How Long Will A School Accident Claim Take To Settle?
There is no specific timeframe for how long a school accident takes to settle, as even straightforward cases where liability is admitted may take time to process and negotiate a mutually acceptable compensation amount. You can get more detailed information by reading our dedicated guide about how long claims take to settle.
Get in touch with our team if you have any further questions about school accident claims.
More Information
You can learn more about the claiming process in these relevant guides:
- Learn more about how to claim.
- View our guide to public park accident claims.
- See how to claim for food poisoning.
References:
- View government guidance on school exclusion and suspensions.
- See how to report a serious child safeguarding incident to a relevant authority.
- NHS resources on first aid and safety for children.
Get help with an accident at school claim by talking to our advisory team today.