Few phone calls unsettle a parent more than one from the school office to say that your child has been hurt. Once you know that they are safe, harder questions tend to follow. Was the injury simply bad luck, or should somebody have prevented it? And if the school was at fault, who is actually responsible in law?
The personal injury team here at McCarthy + Co Solicitors LLP are frequently approached by parents asking exactly that. This short guide explains how responsibility is decided under Irish law, and what parents can do next.
The school’s duty of care
While your child is in the care of a school, staff act in loco parentis, which means “in the place of a parent”. The standard the courts apply is that of a careful or prudent parent. As the Association of Secondary Teachers, Ireland explains, a teacher must take such care of pupils as a careful parent would take of their own children.
Importantly, this is a test of reasonableness, not perfection. The level of supervision expected rises where pupils are younger, where the activity carries obvious risk, such as woodwork, science practicals, or contact sport, and where a hazard is already known to staff. Constant, individual supervision of every pupil is not required.
Who is legally responsible?
In most cases, the correct party is not the individual teacher. It is the body that runs the school, which is usually one of the following:
- the board of management of a primary or voluntary secondary school
- the Education and Training Board, for community colleges and similar schools
- the patron or trustees, depending on how the school is structured
That body is normally vicariously liable for the negligence of the staff it employs, and it holds insurance for precisely this situation.
Responsibility can also rest elsewhere, or be shared. A school bus operator, a coach at an after-school activity, a contractor working on the site, or the supplier of defective playground equipment may each carry part of the blame. It is quite common for more than one party to be liable for the same accident.
When is a school negligent?
An injury at school does not automatically mean that anyone was negligent. Children run, trip, and collide, and the courts have long accepted that a school cannot prevent every mishap without making ordinary school life impossible. A claim succeeds only where the injury was reasonably foreseeable and reasonable precautions were not taken.
Circumstances in which responsibility commonly arises include:
- inadequate supervision in the yard, corridors, or classroom, particularly at break times
- a known hazard left unattended, such as a broken step, a loose handrail, or a wet floor with no warning sign
- unsafe, damaged, or poorly maintained sports and play equipment
- a failure to follow the school’s own safety, first aid, or child protection policies
- a failure to act on reported bullying, in line with the Department of Education’s Bí Cineálta procedures
- permitting an activity plainly unsuitable for the age or ability of the pupils involved
Where the injury was caused by the condition of the buildings or grounds themselves, the Occupiers’ Liability Act 1995 is also relevant. It requires an occupier to take such care as is reasonable in all the circumstances for the safety of visitors.
Time limits work differently for children
An adult generally has two years from the date of an accident to bring a personal injury claim. For a child, that two-year period does not begin to run until their eighteenth birthday, so a claim can in principle be brought up to the age of twenty.
We often advise parents not to rely on that additional time. Witnesses move on, CCTV footage is overwritten, and accident reports are archived. Acting early almost always produces a stronger case.
How a claim for a child works
A child cannot bring a claim in their own name. A parent or guardian acts as a “next friend” and brings it on the child’s behalf. Almost all personal injury claims must first be submitted to the Injuries Resolution Board, which assesses compensation independently of the courts.
Compensation levels are assessed by reference to the Personal Injuries Guidelines published by the Judicial Council. One feature unique to children is that any settlement must be approved by a judge in what is known as an infant ruling. The money is then normally held by the Courts Service until the child reaches eighteen.
Practical steps for parents
- report the incident to the school in writing, and request a copy of the accident report
- seek medical attention promptly, so that the injury is properly recorded from the outset
- photograph the location, equipment, or hazard involved before anything is repaired
- note the names of any staff or pupils who saw what happened
- keep receipts for medical expenses, travel, and any other costs
Speak to our personal injury team
Deciding whether a school was at fault is rarely obvious from the outside, and no parent should feel obliged to work it out alone. If your child has been injured at school, the personal injury team at McCarthy + Co Solicitors LLP will review what happened and give you a straight answer about whether a claim is worth pursuing. Arrange a consultation using our quick and confidential online form.
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