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Schools on alert as former pupils sue

UK NEWS

Schools on alert as former pupils sue

 John Carvel and Clare Dyer    claiming compensation for    should have done better. ‘If
  bullying at school.’ you have a Hackney Downs
 5    Doug McAvoy, general sec- situation and kids lose out,
  retary of the National Union shouldn’t you have a right to
  of Teachers, said the case compensation?’
1    LOCAL authority insur- opened a frightening prospect.9    Last year the Government
 ance companies this ‘The costs might be met by closed Hackney Downs, an
 week promised vigo- public liability insurance, but east London comprehensive,
 rous resistance in the courts to that would lead to higher pre- after a team of experts decided
 litigation by two teenagers miums, which could have a its standards had declined
 who are trying to make legal devastating effect on schools’ beyond rescue.
 history by suing their former ability to provide education10    The Department of Educa-
 schools after failing to get for every child.’ tion said the case was a matter
 good enough exam results.6    Jack Rabinowicz, solicitor for the schools and individuals
2    Zurich Municipal, the lar- for the 17-year-olds, said it concerned. But David Blun-
 gest local government insurer was ‘unlikely the case would kett, the shadow education
 in Britain, said it had a duty to open the floodgates’. He did secretary, said he was against
 policy-holders to avoid out-of- not name his clients or their the US approach to litigation,
 court settlements which might schools - two out of more which led to allocating blame
 encourage a rash of specula- than 200 classed as failing by for problems instead of
 tive claims by disgruntled stu- the Office for Standards in solving them.
 dents. Education.11    The case is one of dozens of
3    The educational establish-7    The girl left school two pending ‘educational negli-
 ment was shocked by the dis- years ago without GCSEs and gence’ suits being brought by
 closure that two 17-year-olds the boy got much worse gra- ex-pupils against schools and
 have secured legal aid to sue des than expected. Both say local education authorities
 the governors of schools criti- they had reasonable school they claim let them down and
 cised by the inspectorate for reports and had been expected ruined their prospects.
 failing to provide a satisfac- to do well. They are studying12    In a test case on expulsions,
 tory education’. at sixth form colleges and are a 25-year-old who was asked
4    Graham Lane, education suing for the cost of tuition, as to leave school at the age of
 chairman at the Association of well as loss of earnings from six because he was ‘too diffi-
 Metropolitan Authorities, said delayed entry into the job cult to teach’ is claiming com-
 the action was outrageous. market. pensation for having his edu-
 You cannot run society like8    Mr Rabinowicz said young cation ruined.
 this. This must be fought people were entitled to com-13    The flood has been un-
 properly. We cannot have pensation in cases where the leashed by a House of Lords
 another out-of-court settle- school was officially labelled ruling in June 1995, which
 ment like the one conceded as failing its pupils and when laid down that schools owe a
 recently by the London it could be shown that they duty of care to pupils.


‘GuardianWeekly’,
December 8, 1996