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Education authorities are launching a crackdown on injury claims over fears of a burgeoning compensation culture in school playgrounds.
The move comes as new figures reveal that children injured at English schools received an estimated £2 million in compensation last year.
Pay-outs included £5,000 to a pupil whose finger was struck by a cricket ball and nearly £6,000 to another who had broken into school at night.
The figures, released under the Freedom of Information Act, have reignited the debate about whether schools are hamstrung by stringent health and safety regulations and a compensation culture.
Concerns that spurious claims are costing Local Education Authorities thousands of pounds have prompted several councils to contest damages as a matter of policy rather than settle out of court, leading unions told The Times.
A survey of 97 of England’s 150 LEAs released yesterday found that they had paid £1.3 million in damages to pupils, in 247 claims.
While figures for previous years are not available, health and safety experts said the figures were symptomatic of a growing tendency for LEAs to reach a settlement rather than risk going to court.
The largest single pay-out was £21,500, which was awarded to a pupil who suffered a back strain during a drama lesson. The Derbyshire school was deemed to have been at fault for not giving adequate instruction.
Other compensation cases included £3,400 for a Leeds pupil who broke an arm in the playground and £13,097 to a pupil in the Thamesdown area who tripped up.
Leicestershire County Council compensated a pupil who was injured when a gate collapsed when he was trespassing at the school by night. A spokeswoman said that the LEA was unable to prove the gate had been properly maintained.
Simon Joyston-Bechal, a health and safety law expert from Pinsent Masons, said: “It’s long been established that people who own premises owe a duty of safety to people who are trespassing, especially to children.
“If a lawyer asks the right questions and the school cannot answer, they may find it is not worth fighting, because they will have to prove they followed the right procedure and risk a criminal prosecution.”
Chris Keates, General Secretary of the teachers’ union NASUWT, said: “Compensation is more of a problem nowadays than it was in the past because society has almost lost the concept of a genuine accident.
“Schools find themselves getting letters from ambulance-chasing solicitors who are encouraging people to make claims under conditional fee arrangements. There’s an attitude that someone is always to blame and that you may as well chance your arm because most LEAs will settle out of court.” She added that Birmingham and Manchester authorities, as well as some in the North East, had started contesting claims as a matter of policy.
Mick Brooke, General Secretary of the National Association of Head Teachers, said that a compensation culture was a “rising concern”.
“Some people see it as being a lottery, that there’s some cash to be made for making spurious claims,” he said, adding that he advised LEAs to contest claims. “If a person had a genuine case, then it needs to be tested.”
An NUT spokesman said: “There may be circumstances where injury could not be avoided and in such circumstances it is likely that the pupil will be awarded compensation.
“But this will inevitably mean higher insurance premiums for the school, taking money away from every child’s education.”
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We are a firm of lawyers who have specialists who deal with these kind of claims (amongst others).
We are not ambulance chasers and only deal with genuine cases where we feel the level injury and accident circumstances warrant making a claim.
At the end of the day if there is negligence and someone is injured as a result why shouldn't the claim.
If it was your child and they were injured through a teacher or person in authority not acting correctly, would you do nothing about it? I think not...
http://www.pintopotts.co.uk
Pinto Potts Solicitors, Aldershot, Hampshire, UK
As someone that works in the industry I can say hand on heart that Teachers are no better than pupils or parents when theres money to be had for the most innocuous incident/injury. The government tries to label the compensation culture as an urban myth but they are in fact the architects behind it. The front bench is stuffed with Lawyers who, no doubt, are lobbied by their profession not to stop the gravy train. Indeed this is obvious as the government refuses to increase the ludicrously low small claims limit. Hence, we will continue to see pathetic claims of £1000 or so with anything up to £10000 on top for costs. It's not a lottery as far as the claimant is concerned, it is 'the' lottery where a win is virtually guaranteed when everything is stacked up against the defendant. Indeed, as someone who has been around a long time I remain convinced that the introduction of the National Lottery was the beginning of the end for the UK and now everyone is out for what they can get.
KBE, East Midlands, UK
Blame attaches not just to "ambulance-chasing " lawyers but to judges who authorise payouts for wholly ridiculous claims - if they took a hard line on frivolous claims and refused to award costs to the "winners", they would dry up very quickly.
HK, London, UK
The parents must sign a waiver that is legally incontestable so their children can grow up normally, playing sports and doing all the energetic things that we did when young.. Life is full of risks and stopping them from even going into the playground is inconceivable. Obviously, sensible restrictions must be enforced but if a child is injured doing something that they should know is wrong because they have been told or, if too young, had it in writing so their parents can explain it to them, that is then their problem, not the schools.
What has Britain come to?
B J Deller, Marbella, Spain
The claims culture seems to be spreading, with both teachers and pupils suffering. The parents and lawyers are to blame. Surely the answer is for parents to sign a non-claims contract when the child enrols. There will always be cases of negligence, but these can be dealt with as and when needed.
Hamad lone, Thornton Heath, England
"Simon Joyston-Bechal, a health and safety law expert from Pinsent Masons, said: âItâs long been established that people who own premises owe a duty of safety to people who are trespassing..."
Does this mean that we need to file the sharp edges off of the barbed wire erected at the top of fences/walls etc to keep burglars out?
Ludicrous - with the help of such lawyers, and Health and Safety "experts", we're becoming a nation of cissies with no sense of responsibility for our own actions.
Homer, London,