School Accident Claims: What to Do If Your Child
Was Injured at School
A school accident claim is a personal injury claim made by a parent on behalf of a child injured at school, nursery or on a school trip because the school failed in its duty to supervise pupils and keep the premises and activities reasonably safe; the claim is against the school's insurer, whether that is the council, an academy trust or a private school, a child has until their 21st birthday to claim, and National Accident Support Line assesses whether there is a claim and refers it to a specialist solicitor on a no win no fee basis.
Children get hurt at school. Most of it is playground knocks that no claim could or should follow. A claim is for the other kind: the broken arm from a climbing frame the school knew was damaged, the burn from a science lesson with no supervision, the head injury on a trip where the ratio of adults to children was wrong, the child hurt in a fight the school had been warned about. The test is whether the school did what a reasonable school would have done, and that is a question worth asking rather than guessing at.
We'll call you back within 2 minutes with a straight answer on where you stand.
Who is responsible when a child is injured at school
Schools stand in the place of a parent while children are in their care, which the law calls being in loco parentis, and they must take the care a reasonably careful parent would. Who the claim is made against depends on the school. For a community school, it is the local authority. For an academy or free school, it is the academy trust. For a private school, it is the school itself. For a nursery, it is the nursery operator. All of them carry liability insurance, and the claim is paid from it. Where the school used an outside company, for swimming lessons or an activity centre for instance, the school can still be responsible for what that company did, following the Supreme Court's decision in Woodland v Essex County Council.
The accidents that lead to school claims
| Where | What usually happens | The failure behind it |
|---|---|---|
| Playground | Falls from equipment, collisions, injuries on broken or unsuitable surfaces | Damaged equipment not fixed, no supervision, wrong surfacing |
| Classrooms and corridors | Trips on cables or bags, injuries from furniture, doors on fingers | Hazards known and not dealt with |
| PE, sport and swimming | Fractures, head injuries, near-drowning | Wrong ratios, unqualified staff, unsafe equipment |
| Science, DT and food technology | Burns, cuts, chemical injuries | No supervision, no protective equipment, wrong procedure |
| School trips | Any of the above, plus road and water accidents | Poor risk assessment, wrong adult-to-child ratio |
| Bullying and assault | Physical injury, psychological injury | School warned and failed to act |
| Medical needs | Allergic reactions, missed medication, seizures | Care plan not followed |
What a school accident claim covers
The injury itself and its effect on the child's life, including where it affects schooling. Treatment, therapy and travel to appointments. Care given by parents during the recovery, and a parent's own lost earnings from time taken off to provide it. Where an injury has a lasting effect, the future cost of care, equipment, adaptations and educational support.
We'll call you back within 2 minutes with a straight answer on where you stand.
The situations parents describe to us
"The school says it was an accident and no one was to blame"
Sometimes that is true. The question is whether the school knew about the hazard or should have, and whether the supervision was what a reasonable school would provide. Ask for the accident report, ask who was supervising and how many children they had, and ask whether the equipment or the activity had been risk-assessed.
"My child was hurt by another child"
A school is not responsible for every child's behaviour, but it is responsible for supervising, and for acting on warnings. If the school had been told about the other child, or about bullying, and did nothing, that is a failure the claim can be built on.
"It happened on a school trip"
The school's duty travels with the children. Trips need a risk assessment, adequate adult-to-child ratios and competent staff. Where an outside provider ran the activity, the school can still be responsible for it.
"I don't want to fall out with the school while my child is still there"
The claim is made against the insurer, not the head teacher, and schools deal with insurers routinely. Many parents make a claim and their child continues at the same school without difficulty. The three-year limit for a child does not start until they turn 18, so there is no need to rush a decision while they are still there.
What to do after your child is injured at school
Get the injury treated and recorded by a GP or A&E the same day. Ask the school for a copy of its accident report and for the names of the staff who were supervising. Photograph the injury and, if you can, the equipment or place where it happened. Write down what your child tells you while it is fresh. Keep receipts and a note of every appointment and every day you took off. Then get in touch.
How a school accident claim works with National Accident Support Line
Tell us what happened, by the form, WhatsApp or a call to 0333 212 2730, and web enquiries are called back within 2 minutes during opening hours. We ask what happened, who was supervising, whether the school had been warned and what the school's own report says. If there is a claim, we refer it to a specialist child injury solicitor who runs it on a no win no fee basis, with the parent acting as the child's litigation friend. Any settlement for a child is approved by a court and held for them until they turn 18. If there isn't a claim, we tell you straight. National Accident Support Line is an FCA-regulated claims management company, not a law firm. Injuries to a child in a park, a shop or on a pavement are covered on our public place accident claims page, and the personal injury claims page explains what every injury claim involves.
Frequently asked questions
Can I claim against a school on behalf of my child?
Yes. A parent or guardian acts as the child's litigation friend and makes the claim on their behalf against the school's insurer.
How long do I have to make a school accident claim?
A claim can be made at any time before the child turns 18, and the child then has until their 21st birthday to claim in their own name. Starting early is still better, because evidence fades.
Who pays the compensation?
The school's insurer: the council for a community school, the academy trust for an academy, the school itself for a private school.
Can I claim if my child was injured in a fight or by bullying?
Yes, where the school knew or should have known of the risk and failed to supervise or act.
Can I claim for an injury on a school trip?
Yes. The school's duty of care applies on trips, and it can be responsible for an outside activity provider as well.
What happens to compensation paid to a child?
A court approves the settlement and the money is held in a court investment account until the child turns 18, when it is paid to them with interest. Money needed sooner, for treatment or equipment, can be released.
Will the school know I have made a claim?
Yes, the school will be asked for its records. It cannot treat your child differently because of a claim.
What does no win no fee mean?
Nothing to pay upfront and nothing if the claim fails. If it succeeds, the solicitor's success fee, capped at 25% and agreed before the claim starts, comes out of the award.
We'll call you back within 2 minutes with a straight answer on where you stand.
National Accident Support Line Ltd is regulated by the Financial Conduct Authority in respect of regulated claims management activities, registration number 829991.