Can teachers be held personally liable for accidents involving pupils?

When a pupil is injured at school, it is understandable that parents apportion blame and sometimes seek compensation.

In these increasingly litigious times, it is more important than ever that new teachers know exactly how vulnerable they may be to claims of liability for negligence. 

The reality is that 99 per cent of claims for injury or loss are brought against the school authority/employer, rather than against the teacher as an individual.

The first is coldly practical: the school is certain to be insured and so can pay any compensation for the actions (or omissions) of their staff under the wide-ranging principle of vicarious liability. This means that schools are liable for the actions of teachers whenever they are acting "in the course of their employment" (ie they are on duty). 

This still applies if an accident occurs outside the normal school day, or off-site, or while the staff concerned are acting voluntarily (eg on a school trip). The principle even operates where a teacher is acting unwisely or contrary to instructions. The key question is whether the action or negligence in question was essentially job-related. Only if the teacher does something that is completely outside his or her role as an employee does the employer escape the frame of liability. 

So, is there any need to worry? Sadly yes­, a little. Firstly, it is still possible for a claimant to issue proceedings on a personal basis against the individual whom they consider to have been at fault. However, of all the hundreds of members helped by ATL in the last two decades following accidents to pupils, only two have been named personally as defendants. Both these cases involved foolhardy attempts to physically discipline a pupil, resulting in serious injury. 

Some enlightened local authorities have personal insurance for their staff to cover this minor but worrying risk. Needless to say, we consider that this personal indemnity insurance should be in place for all teachers ­and ATL continues to press for it. The additional cost to cash-starved LEAs is the inevitable stumbling block. 

The second area of concern is that no insurance is ever available against the possibility of criminal responsibility for breaking health and safety requirements. Fortunately, prosecutions of teachers are exceedingly rare and only arise when an individual has not merely been negligent, but criminally reckless over a pupil's safety. The case of the teacher, Paul Ellis, who was prosecuted in 2002 over the death of a 10-year-old pupil whom he had encouraged to plunge into a freezing pool in a fast-flowing mountain stream, is a recent distressing example. 

If the employer cannot (or will not) defend an ATL member, ATL will.

Help and support

For further advice on this issue, ATL members can speak to their school rep, their branch secretary or their regional official. They can also call the London (020 7930 6441), Cardiff (029 2046 5000), Belfast (028 9078 2020) or Edinburgh (0131 272 2748) offices or email info@atl.org.uk

For out of hours enquiries, call the out of office hours helpline on 020 7782 1612 (Monday-Friday, 5-8pm during term time).

If you are not a member, join now.

Further information

• General school activities
• How do I know if an accident should be reported?
• What you should do if a pupil has an accident