How to Make a Legal Claim Against a School
Introduction
Disputes with schools can be particularly difficult for parents and guardians to navigate. When your child’s education, safety, or welfare is at stake, emotions naturally run high. Many parents feel uncertain about what rights they have and what legal options may be available. Some worry that challenging a school could have negative repercussions for their child, while others simply do not know where to begin.
Our dispute resolution team can advise parents, carers and, in some cases, pupils themselves on claims against schools. These claims range from straightforward negligence cases, where a school has failed to take reasonable care, to more complex issues such as discrimination, safeguarding failures, or disputes over special educational needs provision.
This article aims to provide a detailed guide to the types of claims that may be brought against schools, the legal processes involved, and the practical considerations that parents and guardians should bear in mind before embarking on legal action.
The Legal Relationship with a School
The first step in assessing whether you may have a valid claim is to consider the legal relationship between you, the child, and the school. A school operates ‘in loco parentis’ which is a fancy Latin phrase translating to ‘in the place of a parent’. In practice, it means that when a child is under the care of a school (whether during the school day, on a trip, or at an extracurricular activity) the school assumes many of the duties and responsibilities that would ordinarily fall to a parent.
In the case of independent (private) schools, parents usually enter into a formal contract with the school, often contained in a parent-school agreement or terms and conditions. This contract sets out the rights and obligations of both parties. If the school fails to meet its contractual obligations, for example, by failing to provide the agreed standard of education or care, parents may be able to bring a breach of contract claim.
By contrast, state schools operate within the public sector framework and are generally subject to public law principles. This means that disputes with state schools may be more likely to involve judicial review of unlawful decisions, or complaints to the local authority or Department for Education, rather than straightforward civil claims. However, state schools still owe a duty of care to their pupils, and in cases of negligence, it may still be possible to bring a civil claim.
Understanding whether your case is rooted in contract law, negligence, public law, or equality legislation is an important first step in determining the right course of action and we can assist with any such determination.
Bringing a Claim against a School – Common Grounds
There are a number of situations in which parents or pupils may consider legal action against a school. Each case will turn on its own facts, but the most common grounds include negligence, discrimination, safeguarding breaches, breach of contract, and failures to provide appropriate educational support (especially where a child has special educational needs).
Negligence
Schools have a legal duty of care towards their pupils. This duty requires schools to take reasonable steps to protect children from foreseeable harm. If a school fails in this duty and a pupil suffers injury or loss as a result, the school may be liable in negligence.
Examples might include inadequate supervision during break times, leading to bullying or injury, poorly maintained facilities that result in accidents, or a failure to respond appropriately to known medical conditions. In order to succeed in a negligence claim, parents would need to show that the school owed a duty of care, that this duty was breached, and that the breach caused actual harm or loss.
Breach of Contract
In the independent sector, the contractual relationship between parents and the school provides another avenue for claims. Parents pay substantial fees with the expectation that their children will receive a safe environment and a certain standard of education. If the school fails to meet these obligations, this may amount to a breach of contract.
Breach of contract claims may cover issues such as failing to provide agreed facilities, unfairly excluding a pupil, or delivering a standard of teaching significantly below what was promised.
Discrimination
Schools, whether state-funded or independent, are bound by the Equality Act 2010, which protects pupils from discrimination based on protected characteristics such as disability, race, sex, religion or belief, and sexual orientation. A common area of dispute involves disability discrimination, particularly where a school fails to make reasonable adjustments for a child with special educational needs.
Claims of discrimination can be pursued through the civil courts or, in many cases, through the First-tier Tribunal (Special Educational Needs and Disability). This tribunal has the power to make orders requiring schools to take remedial steps, although it does not award financial compensation.
Safeguarding Breaches
Every school has statutory obligations in relation to safeguarding. This includes having proper policies and procedures in place to protect children from harm, abuse, or neglect. If a school fails to follow these duties, for instance, by ignoring safeguarding concerns raised by parents or staff, serious legal consequences can follow.
Where safeguarding failures lead to actual harm, civil claims for negligence or breach of statutory duty may be possible. Schools may also face regulatory intervention or investigation by local safeguarding boards.
Special Educational Needs (SEN) Failures
For children with special educational needs, schools are required to provide support in line with Education, Health and Care Plans (EHCPs). Failure to provide appropriate support can significantly disadvantage a child. Parents may challenge such failures through tribunal proceedings, judicial review, or in some cases, contractual or negligence claims.
The Process of Bringing a Claim
Before considering legal proceedings, it is usually best to raise concerns directly with the school. Most schools have formal complaints procedures, and many disputes can be resolved informally at this stage. For example, a meeting with the headteacher or governors may result in changes being made without the need for escalation.
If internal complaints processes do not resolve the issue, parents may escalate matters to the governing body, academy trust, or local authority, depending on the nature of the school. Independent schools may also be subject to oversight by regulatory bodies such as the Independent Schools Inspectorate.
Where early resolution fails, formal proceedings may be necessary. The appropriate route depends on the type of claim:
- Civil courts handle negligence and breach of contract claims, particularly against independent schools.
- Tribunals deal with SEN and many discrimination cases.
- Judicial review may be appropriate where a public body (such as a state school or local authority) has acted unlawfully in making a decision.
Court and tribunal processes can be lengthy and complex, which is why legal advice at an early stage is so important.
Alternative Dispute Resolution (ADR)
In some cases, mediation or negotiation can offer a quicker and less adversarial way of resolving disputes. ADR may be particularly useful where ongoing relationships are involved, for example if a child remains enrolled at the school.
Practical Considerations
Evidence is key in any claim. Parents should keep detailed records of correspondence with the school (including notes of meetings and telephone records), medical reports where relevant, and copies of policies or handbooks. Photographs, witness statements, and diaries of incidents can also prove to be very valuable.
Strict time limits apply to many claims. For school injury claims, the general limitation period is three years from the date of the incident, or three years from the child’s 18th birthday if the incident occurred during childhood (which it most likely would in these sorts of claims). Discrimination claims often have shorter deadlines, sometimes as little as six months from the act complained of. Judicial review claims must usually be brought promptly and in any event within three months.
We have a very detailed article on our website relating to limitation deadlines in litigation, which you can study at your leisure, here.
Litigation can be costly, and there is always the risk of losing. Parents should be aware of potential legal costs and consider funding options, including legal expenses insurance or conditional fee agreements. At the same time, successful claims can provide remedies ranging from financial compensation to orders requiring schools to make specific changes.
Conclusion & How We Can Help
The law surrounding disputes with schools can be complex, and deciding whether to pursue a claim is rarely straightforward. Conflicts with educational institutions can be emotionally draining and may also cause significant disruption to your child’s learning and well-being. Whether you are a parent seeking redress for negligence or discrimination, or a school defending its position, having a clear and effective legal strategy is essential. We’re here to help.
If you require help, we offer a no-cost, no-obligation 20-minute introductory call as a starting point or, in some cases, if you would just like some initial advice and guidance, we will instead offer a one-hour fixed fee appointment (charged from £250 plus VAT to £350 plus VAT* depending on the complexity of the issues and seniority of the fee earner).
Please email wewillhelp@jonathanlea.net providing us with any relevant information to ensure that any call we have is as productive as possible, or call us on 01444 708 640. After this call, we can then email you a scope of work, fee estimate (or fixed fee quote if possible), and confirmation of any other points or information mentioned on the call.
*VAT is charged at 20%
This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.