How Schools Can Defend Legal Claims
Introduction
Schools can find themselves the subject of legal claims, whether brought by parents, pupils, or guardians. These disputes can involve allegations of negligence, discrimination, breach of contract, safeguarding failures, or issues connected with special educational needs (SEN). Defending such claims can be challenging, not least because of the sensitive context in which they arise and the high stakes for both children and families.
However, schools are not powerless in the face of these challenges. With careful preparation, strong policies, and seeking competent legal advice (at an early stage), schools can mount robust defences to protect themselves, their staff, and their reputations.
This article provides a comprehensive guide to how schools can defend themselves against legal claims. It examines the main categories of disputes, outlines legal and procedural defences, and explores practical strategies for schools to manage risk and respond effectively when claims arise.
The Legal Framework
To understand how to defend a claim, schools first need to be clear on the legal context in which disputes are brought. All schools owe their pupils a duty of care, but that duty is not absolute. The law requires schools to take reasonable steps to prevent foreseeable harm; it does not require them to guarantee a risk-free environment. This distinction is often central to a successful defence.
Independent schools also operate within a contractual framework. Parents typically enter into written agreements with the school, and disputes often revolve around whether the school has breached the terms of those contracts. State schools, by contrast, operate within the public sector framework, which means many claims involve public law principles and can take the form of judicial review.
Both types of school are subject to equality legislation, particularly the Equality Act 2010, which prohibits discrimination against pupils on the basis of protected characteristics. Understanding which legal framework applies to a particular claim is essential, as it determines the possible defences available and the procedural route the claim may take.
Defending Claims of Negligence
Negligence claims are among the most common legal challenges schools face. Parents may allege that a school failed to provide adequate supervision, allowed unsafe conditions to persist, or mishandled a medical emergency. To succeed, a claimant must show that the school owed a duty of care, breached that duty, and that the breach caused actual harm.
Schools can defend such claims by showing that they did take reasonable care. This often involves presenting detailed evidence of risk assessments, health and safety procedures, maintenance records, and supervision arrangements. For example, if a pupil is injured during a sports activity, the school may be able to defend the claim by showing that appropriate risk assessments were carried out, trained staff were present, and the equipment was properly maintained.
Another important defence is to demonstrate that the harm was not foreseeable or was caused by factors outside the school’s control. Ultimately, detailed records and evidence are the strongest tools in defending negligence claims.
Defending Breach of Contract Claims
Independent schools in particular must be prepared to defend breach of contract claims brought by parents who pay significant fees and expect a high standard of service. Such claims may arise from disputes over exclusions, the quality of teaching, or the provision of facilities.
A school’s best defence in these circumstances is usually the contract itself. Well-drafted agreements between parents and schools should clearly set out the school’s rights, obligations, and procedures. Where disputes arise, schools can rely on these documents to demonstrate that they acted in accordance with agreed terms. For example, if a pupil is excluded, the school can defend itself by showing that the exclusion process complied with the terms of the contract and the school’s published policies.
Another important line of defence is challenging whether the parents have actually suffered a legally recognisable loss. Parents sometimes argue that their child’s future career prospects have been damaged, but such claims are usually too speculative to succeed. Schools may also argue that parents failed to take reasonable steps to mitigate their losses, such as by securing alternative provision in a timely manner.
Defending Discrimination Claims
Discrimination claims can be particularly sensitive, as they involve issues of equality, fairness, and the treatment of vulnerable pupils. Schools can be accused of discriminating on grounds such as disability, race, sex, religion, or sexual orientation.
To defend such claims, schools must be able to show that they complied with their obligations under the Equality Act 2010. In disability discrimination cases, this may mean producing evidence that reasonable adjustments were made to accommodate a pupil’s needs. Where policies or practices are alleged to have a discriminatory effect, schools may be able to argue that the policy pursued a legitimate aim (such as maintaining academic standards or safeguarding pupils) and that the means of achieving that aim were proportionate.
Many discrimination cases turn on disputed facts. Schools should therefore ensure that they keep thorough records of meetings, decisions, and the support provided to pupils. Witness statements from staff can also be crucial in rebutting allegations. Another potential defence lies in procedural rules: discrimination claims are often subject to short time limits, and if a claim is brought late that can be a complete defence (in many situations).
Defending Safeguarding Allegations
Safeguarding is an area where schools are under intense scrutiny. Failures in this area can not only lead to legal claims but also regulatory investigations and severe reputational damage. Allegations may include failing to respond to reports of bullying, not protecting a child from abuse, or mishandling safeguarding concerns.
Schools can defend themselves by demonstrating that they have complied with statutory obligations and guidance, such as the Department for Education’s “Keeping Children Safe in Education.” Producing evidence of safeguarding policies, staff training records, and the prompt escalation of concerns to designated safeguarding leads is often key.
It is also important to show that professional judgment was exercised and that decisions were made based on the information available at the time. In many cases, disagreements arise because parents and schools take different views about risk levels. If schools can demonstrate that their approach was consistent with professional standards and supported by external advice, this can form a strong defence.
Defending SEN and EHCP Disputes
Disputes about SEN provision and Education, Health and Care Plans (EHCPs) are often pursued through the First-tier Tribunal (Special Educational Needs and Disability). Parents may allege that a school has failed to provide the support set out in a plan or that reasonable adjustments have not been made.
Schools can defend themselves by keeping detailed records of the support actually provided, such as interventions, teaching adjustments, and communications with parents. Evidence of collaboration with local authorities and proactive engagement in reviews of EHCPs is also valuable.
Importantly, schools are only required to take reasonable steps within their capacity and resources. They are not expected to provide unlimited support, and if they can demonstrate that they acted reasonably within the circumstances, this can provide a solid defence.
Procedural Defences
In addition to the substantive defences outlined above, schools may also be able to rely on procedural arguments. One of the most common is that parents have failed to exhaust the school’s internal complaints procedures before bringing a claim. Courts and tribunals often expect complainants to pursue these avenues first, and premature claims may be struck out.
Another key procedural defence is limitation. Many claims have strict time limits: negligence claims must usually be brought within three years from the date of injury (although for a child this three-year time limit is suspended until their 18th birthday, after which they will have until their 21st birthday to start a claim), discrimination claims within six months, and judicial review claims within three months. If parents (or even the child) miss the strict deadlines, schools can apply to have the claims dismissed.
We have a very detailed article on our website relating to limitation deadlines in litigation, which you can study at your leisure, here.
Finally, jurisdictional challenges can also be effective. For example, certain issues may fall outside the scope of a particular tribunal, and schools can argue that the claim should not be heard in that forum.
Practical Strategies for Schools
Beyond the courtroom, schools can take a number of practical steps to protect themselves and reduce the risk of claims. Robust policies and staff training are critical. Policies should be regularly reviewed to ensure compliance with current law, and staff should be trained in how to implement them.
Communication with parents is also crucial. Many disputes arise not from deliberate failings but from misunderstandings or a breakdown in trust. By being transparent, responsive, and empathetic, schools can often resolve issues before they escalate into legal claims.
Accurate and consistent record-keeping underpins almost every defence. Schools should ensure that meetings, incidents, and decisions are properly documented, as contemporaneous records can carry significant weight in court/tribunal proceedings.
Seeking early legal advice is also important. This allows schools to assess the strength of a claim, preserve evidence, and adopt the right strategy. In many cases, alternative dispute resolution such as mediation can offer a cost-effective and less adversarial way of resolving disputes.
Managing Reputational Risk
Even when claims lack merit, they can damage a school’s reputation. Effective management of reputational risk is therefore essential. Schools should maintain confidentiality around sensitive matters while ensuring staff are kept appropriately informed. If claims attract media attention, schools may need to prepare careful public statements, ideally with input from legal advisers.
Engaging with the school community is also important. Reassuring parents, governors, and staff that the school remains committed to safeguarding, inclusion, and high educational standards can help maintain trust and stability during a dispute.
Conclusion & How We Can Help
The law surrounding claims against schools is complex, and defending such cases requires careful preparation, a clear understanding of the issues, and a sensitive approach to the pupils and families involved. Whether the claim concerns negligence, breach of contract, discrimination, safeguarding, or special educational needs, schools need to be ready to respond promptly with evidence, policies, and a coherent strategy. These disputes can be time-consuming and stressful, as well as potentially damaging to a school’s reputation and community relationships.
Our dispute resolution team can assist schools in defending legal claims. We can also help by reviewing the strength of the claim, advising on both substantive and procedural defences, drafting robust responses, and representing schools in negotiations, mediations, tribunals, and court proceedings. We are further to able to work with schools on a preventative basis, ensuring policies, contracts, and procedures are up to date and legally sound.
If you require support, we offer a no-cost, no-obligation 20-minute introductory call as a starting point or, if you prefer more detailed initial guidance, we can provide 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 so that our call can be as productive as possible, or call us on 01444 708 640. Following this call, we will then email you a scope of work, fee estimate (or fixed fee quote where possible), and confirmation of the next steps.
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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.