The claimant sought damages from the school for failing to prevent injuries arising from bullying, which was taking place on the way to and from school, but not at school.
Held: A school has no general obligation to prevent such bullying, but special circumstances might apply which could create a liability where reasonable steps available to the school might have prevented it. The judge had directed himself too restrictively, but would have reached the same result if he had been correct. A day school does not control of its pupils once they left its charge: that was the responsibility of parents. As to the steps the school might take, if a reasonable body of professional opinion would not take them, the school was not liable for failing to do so.
Judges:
Lord Justice Judge, Lady Justice Hale and Sir Denis Henry
Citations:
Times 29-Jan-2002, Gazette 06-Mar-2002, [2002] EWCA Civ 7
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Lists of cited by and citing cases may be incomplete.
Education, Negligence
Updated: 29 June 2022; Ref: scu.167485
