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Educational Negligence

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Educational negligence occurs when an institution does not meet its duty to provide an education to a child. Some examples of educational negligence would be failure to recognise or accommodate learning difficulties or special educational needs, poor standards of teaching, and ignoring truancy.

Understanding Educational Negligence

  • Impact on children: Educational negligence can affect a child's school life, future career choices, and ambitions; parents and children can bring legal action against schools or local authorities for educational negligence.
  • Cost considerations: Cases of educational negligence can be expensive and time consuming; you should endeavour to engage a school in dialogue and possibly mediation before proceeds to court.
  • Process requirements: Before bringing a claim of educational negligence you would need to identify and adhere to the school's own grievance policy before you proceed with a pre-action protocol letter.
  • Legal requirements: When bringing about a claim you will need to show that there existed a duty of care that was breached by the school resulting in harm or loss to your child and but for the action of the school the harm or loss would not have occurred.

Your Legal GP can help you decide how you approach your negligence claim including mediation with the school for the most favourable outcome.

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