How To Sue A School

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.

How to sue a school claims guide
How to sue a school claims guide

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 data breach or 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 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: 

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How To Sue A School For Personal Injury

Schools 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 was injured 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 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 in a school 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
  • 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.

How To Sue A School For A Data Breach

The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 are the pieces of legislation that outline how personal data should be protected. Schools can be data controllers and, as such, should follow the seven key principles set out in the UK GDPR.

Personal data is any information that is stored digitally or physically and can be used, either alone or when combined with other information, to identify the data subject. 

The Information Commissioner’s Office is an independent body that protects the data rights of individuals. The ICO can impose fines on organisations that breach data protection law.

If a UK GDPR data breach occurs in a school, you must be able to provide evidence that the school failed to protect the personal data, and that the resulting data breach has caused psychological injuries or financial losses, in order to make a valid claim.

Examples of potential data breaches in school include:

  • Letters containing personal data sent to the wrong address where this recipient doesn’t have the authorisation to view it
  • Not correct disposing of documents that contain personal data
  • Sending an email containing personal data to the wrong recipient, where this recipient doesn’t have the authorisation to view it

Hopefully through this section, you’ve learned a bit more about how to sue a school for a data breach. If you have any additional questions, speak to our team. They are on call 24/7.

How Much Compensation Could I Get In A Claim Against A School

The Judicial College Guidelines (JCG) is a document that legal professionals use to value claims. Their estimations 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. 

InjuryCompensationNotes
Severe Leg Injuries (i) £96,250 to £135,920Multiple fractures could take a long time to heal and would require ongoing treatment.
Severe Injuries to the Pelvis and Hips (i) £78,400 to £130,930Such injuries may result in lack of bladder and bowel control and hip deformity.
Severe (i) Knee Injuries£69,730 to £96,210Considerable pain will have been caused and there may be loss of function.
Serious Foot Injuries£24,990 to £39,200There may be risk of future arthritis and there will likely be extensive treatment.
Serious (ii) Fractures of Jaws£17,960 to £30,490There could be difficulty opening the mouth and your ability to eat is likely to be affected.
Less Severe Wrist Injuries£12,590 to £24,500There may be persisting pain and stiffness.
Moderate Post-Traumatic Stress Disorder£8,180 to £23,150Any ongoing symptoms are not grossly disabling.
Moderate Psychiatric Damage £5,860 to £19,070Prognosis is likely to be good while symptoms would have markedly improved.
Serious Toe Injuries£9,600 to £13,740Stabbing pains may persist and you could suffer from sensitive scarring.
Minor Brain or Head Injury£2,210 to £12,770The level of award is affected by factors such as the period taken to recover from any symptoms and the presence of headaches.

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. 

Am I Eligible To Get A No Win No Fee Agreement?

Having established how to sue a school, you may want to find a way to fund legal representation. A No Win No Fee agreement, also known as a Conditional Fee Agreement, offers a way to fund your legal process without paying any upfront or ongoing fees to your solicitor.

A legally capped percentage will be taken from your compensation if you are awarded compensation. If your claim is lost, you don’t pay your lawyer for their services.  

If you’d like to know whether you could be represented on a No Win No Fee basis, get in touch with our team today. You could be connected with a No Win No Fee solicitor from our panel.

Speak To Us About How To Sue A School 

If you have any more questions on how to sue a school, please get in touch. Our advisors may connect you to a solicitor from our panel if you have a valid claim. You can get in touch in the following ways:

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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.