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Lionel Fynn Partner |
Philip Day Partner |
Jon Payne Solicitor, Barrister |
Sandra Graham Consultant solicitor |
Does a school owe a duty of care to it's teachers because of a pupil's behaviour ?
Alexis v Newham London Borough Council [2009] EWHC 1323 (QB); [2009] WLR (D) 186 decided that a local authority does owe a duty of care to it's teachers through malicious of miscevious behaviour of pupils. If it is reasonably forseeable that there might be a risk of injury, the LEA must take reasonable precautions. This is of course entirely consistent with the principles of Health and Safety at Work legislation, but the case highlights the element of 'reasonableness' that is expected.
The school had a policy of not allowing children unsupervised access to classrooms, but on one occasion two pupils had been given the key to a room by a member of staff and asked to fetch something. Whilst doing so, they placed cleaning fluid in some drinking water that was later consumed by a teacher. Roger Ter Haar QC, sitting as a deputy judge, said that allowing the pupils access to fetch something was reasonable, notwithstanding the school's policy.
email :karen @hlf-law.co.uk
Tel : 0800 043 0538
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