Town and Country Planning - Design, Applications, AppealsLicensing (Alcohol, Plays, Films, Sports, Food, Gambling)
Dispute resolution Commercial, Residential and Foreign Property Tax, Wills and Inheritance Health and Safety, Pollution, Food, Vehicles Waste Regulation, Pollution, Agreements Pre-martial agreements, child maintenance, divorce

Lionel Fynn
 image above to view this person's profile
Philip Day
 image above to view this person's profile
Jon Payne
 image above to view this person's profile
Sandra Graham
 image above to view this person's profile
Lionel Fynn
Philip Day
Jon Payne
Sandra Graham
Partner
Partner
Solicitor, Barrister

Consultant


Does a school owe a duty of care to it's teachers because of a pupil's behaviour ?

 

duty to teachers safety

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.

 

 



Contact the team on 0800 043 053 8 or 01202 551 991

e-mail the team

LiveZilla Live Help

Links
  • Regulatory Law Home

  • Health & Safety
  • Food Safety
  • Licensing
  • Environmental
  • Nuisance Proceedings
  • Vehicles
  • Mobile/Park Homes