School injury claims bill is over £800,000 in five years

 

One family received more than £10,000 for a head injury to their child

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Over £800,000 in compensation has been paid out after children were involved in accidents at schools in Wales over the last five years, figures reveal.

Payouts include £10,500 for a pupil "playfully pushed" into a window and £1,000 for hot food splashing a child.

Claims were also made for a child running into goal posts and the incorrect application of first aid.

The Conservatives' shadow education minister Angela Burns said the compensation culture should be stopped.

She said that although some claims were genuine, they were being trivialised by the amount of "ridiculous" claims prompted by a desire to make money.

Some of the claims brought against schools in Wales

  • Pupil slipped on ice in playground
  • Claimant caught foot under gate
  • Pupil got a splinter in his buttocks
  • Pupil suffered hip injury on a trampoline
  • Pupil caught fingers in door
  • Incorrect application of first aid - blistering from ice packs
  • Fire door swung back at pupil's face
  • Pupil ran into goalposts

The figures, released to BBC Wales by Welsh councils after a Freedom of Information (FoI) request, show that 312 claims were successful against schools, resulting in payouts of over £802,000 between 2008/09 and 2012/13.

Newport paid out the most in compensation at £248,131 for 44 cases, followed by Rhondda Cynon Taf at £189,934 for 10 cases, Cardiff at £100,117 for 74 claims and Flintshire at nearly £80,000 for 10 cases brought.

Neath Port Talbot provided no information.

Mrs Burns said it was time to look at the whole system around compensation claims, particularly at the lawyers offering "no win no fee" deals to encourage people to take legal action following accidents.

Start Quote

I even know of a teacher who was told she should stop building snowmen with her class after one of the parents complained that her child had been wet and cold”

End Quote Amanda Thomas University of South Wales

"We have to stop it. Sometimes things do happen, accidents do happen," she said.

"There's an awful lot of ridiculous stuff going on. Don't we want our children to grow up to be healthy and enjoy being outdoors?

"It's about balance and common sense."

However solicitor Peter Maynard of Newport-based fwdlaw Associates dismissed the idea of a compensation culture, a view he said was backed by Master of the Rolls Lord Dyson - head of civil justice in England and Wales - in a lecture in March.

Mr Maynard said: "If you or someone you love was maimed or injured as a result of someone else's stupidity or recklessness, do you not think they should be able to recover a reasonable sum in compensation?

"That is all I believe they should be entitled to, nothing more, nothing less. Instead, it is implied that spurious or exaggerated claims are resulting in pots of money being handed out willy-nilly."

Filling forms

Education experts said they believed the situation had got worse in the last 10 years, with some teachers now afraid to take children on school trips, to treat pupils with first aid and even build snowmen.

Amanda Thomas, a lecturer in early years education at the University of South Wales, said: "I know of teachers who have stopped taking children on school trips.

"When I did teacher training, health and safety didn't really factor. Now it's gone to the other extreme. With my teaching students we run a simulated school trip and the amount of forms they have to fill in is ridiculous.

Start Quote

If you have dilapidated buildings, that is going to put children at risk of accidents”

End Quote Owen Hathway NUT Cymru

"Some schools have also banned children from playing conkers and from doing handstands against the wall in the school playground.

"Other schools do not let teachers put suntan lotion on children and some of our students - particularly the men - who go on placements to schools are told not to sit a child on their lap after they are injured in case of complaints.

"I even know of a teacher who was told she should stop building snowmen with her class after one of the parents complained that her child had been wet and cold."

Ms Thomas, who taught nursery and reception classes for 10 years before going into lecturing, added: "It's mad because in Wales we're teaching the Foundation Phase in schools now, which is all about learning through doing and teaching outside in any weather.

"But then teachers are having to do that against a background of compensation claims."

Owen Hathway, Wales policy officer for the teaching union NUT Cymru, said he believed the fear of being sued was often at the back of head teachers' minds.

"You only have to look at the reaction of schools on snow days," he said.

"Head teachers often take the decision to close schools as there is the potential for compensation claims if a child slips or falls."

But he said he also believed councils should be investing in schools in a bid to stop accidents.

"Are councils investing in making schools fit for purpose?" he added.

"If you have dilapidated buildings, that is going to put children at risk of accidents."

Compensation claims in schools

Local authorities Number of successful claims Total paid from 2008/09 to 2012/13

Source: BBC Wales freedom of information request to Welsh councils

Anglesey

4

£8,999

Blaenau Gwent

2

£0 (one case ongoing)

Bridgend

22

£5,300

Caerphilly

43

£59,026

Cardiff

74

£100,117

Carmarthenshire

24

£13,250 (12 cases ongoing)

Ceredigion

0

£0

Conwy

1

£20,694

Denbighshire

11

£8,300 (one case ongoing)

Flintshire

10

£79,977 (six cases ongoing)

Gwynedd

13

£3,525 (eight cases ongoing)

Merthyr Tydfil

No information provided

£2,050

Monmouthshire

0

£0

Neath Port Talbot

No information provided

No information provided

Newport

44

£248,131

Pembrokeshire

6

£19,755

Powys

4

£0

Rhondda Cynon Taf

10

£189,934

Swansea

0

0

Torfaen

24

£4,085 (15 cases ongoing)

Vale of Glamorgan

15

£32,950

Wrexham

5

Approx £6,000

WALES

312

£802,093

 

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  • rate this
    +1

    Comment number 206.

    Kid runs into goalpost.

    Compensation is deserved if teacher blindfolded kid and forced him to run towards goalpost.

    Compensation is not deserved if kid wasn't looking where he was going.

    In accidents like these, the stationary object is usually not the one to blame. Nor who put it there, nor who owned the land, etc etc.

  • rate this
    -1

    Comment number 205.

    Seeking compensation for an injury is more moral than the many public executives that receive massive payments for failure when they resign.

    £800,000 is probably much less (including pensions & other payoffs) over 5 years than was paid out in Wales to incompetent senior public managers.

    Put it in perspective & STOP attempting to deny children the same rights as adults

  • rate this
    -1

    Comment number 204.

    192. ken1760
    but I really missed out on the compensation claims...but then it was the 1960s.

    ---

    The position changed long before the 60's. In fact it was back in the 30's - Donoghue v Stevenson.

    The problem is society has changed. There's no such thing as "just an accident" anymore and people are more aware of their rights than ever before.


    And as a by-product we have health & safety laws

  • Comment number 203.

    This comment was removed because the moderators found it broke the house rules. Explain.

  • rate this
    0

    Comment number 202.

    I believe the Red Herring is the claims being made and paid.

    The problem is that UK now is a Capitalist country more than ever.
    Solicitors are a big part of trying to make PROFIT out of any SLIGHT mishap because it is their BUSINESS. No matter how slight the injury, the solicitors make a profit in pursuing the case.

    Try a WWW search for Ice Slip Accident - and what ads do you get?

    CAPITALISM!

  • rate this
    0

    Comment number 201.

    @199
    Like your sentiments - but can you (or I) really blame someone who *can* claim £8k tax free for being bitten by an insect, totally risk free? (no win, no fee)

    The problem, as ever, is with the facilitators and law-makers. So, that'll be lawyers (and their ambulance-chasing antics), professionals who should be resisting such practices and not endorsing them (teachers), and the government.

  • rate this
    0

    Comment number 200.

    Major factors here: the claim culture encouraged by unscrupulous law firms and the lack of understanding of this area of law by school heads/deputies/assistants.The education authorities overseeing schools don't provide enough support/education to cover this problem. It is not reasonable to expect heads to 'compete' successfully against professional legal teams. Strong government action required.

  • rate this
    0

    Comment number 199.

    here is a waste of tax payer money:

    a police man was bitten by an insect in the police station and successfully sued for £8k.

    of course these public sector workers dont care one bit, its not their money after all. yes they pay tax, but they are paid FROM tax.

  • rate this
    +2

    Comment number 198.

    We seem to be sinking to the lowest common denominator - in this case lawyers, or licensed bandits as they should be known.
    How about suing parents whose children can't spell their name, are not toilet trained and can't dress themselves when they get to school - they are wasting tax payers money.

  • rate this
    0

    Comment number 197.

    I could have been a millionaire by the age of 16 if that list of claimed 'injuries' is true!

  • rate this
    0

    Comment number 196.

    Peter Maynard has it wrong. Sure, if someone is hurt through negligence then the responsible person should be disciplined or in extreme cases, charged. Injury should be dealt with through additional help to those that have been hurt.

    "Give them money to make them go away" is what we're really saying: this isn't helping anyone...

  • rate this
    -3

    Comment number 195.

    Its getting towards 5 pm and the cavalry will soon be coming over the hill. The Socialists Diehards of Entitlement and Claim culture will soon melt away into the woodwork as the hard-pressed worker phalanx arrive home to pour scorn yet again on their evil would be socialist masters. back into the night to plot again how best to steal the tax payers money. for they are creatures of the night.

  • rate this
    +1

    Comment number 194.

    * Pupil ran into goalposts!!!!!!!!!!!!!!


    Should have gone to Spec Savers.

  • rate this
    +3

    Comment number 193.

    All personal injury claims (eg tripping over pavements, burns from hot food, playground accidents, whiplash injuries) need to be stopped. People should purchase insurance if they worried about being seriously injured and being unable to work.

  • rate this
    +2

    Comment number 192.

    I have been recollecting the list of injuries I had while at school,... broken wrist, dislocated shoulder, broken toes, cuts, bruises, hit in throat by cricket ball, ...such is the life of an active child...but I really missed out on the compensation claims...but then it was the 1960s.

  • rate this
    0

    Comment number 191.

    189. "Such is the hate and fanatical dogma..."
    Oh, the irony.
    187. "A kid at my school was impaled on a javelin."
    He were lucky. Same thing happened at my school and the had to finish sports day with ten inches of rusty steel in him. Kids these days don't know out.

  • rate this
    +1

    Comment number 190.

    180. esseff - I'd easily believe a 5 year old walking around on a broken ankle. I finished my army basic training with 2 broken ribs (reporting them would have had me off the course & repeating the whole thing) & I finished another exercise with a fracture vertebrae in my lower back (parachute accident). My boss's PA has mobility issues after finishing a Duke of Edinburgh hike with a broken ankle

  • rate this
    0

    Comment number 189.

    @177

    Of course you are correct and the evidence shows it . But we have a hard left socialist rump. Soci-Fascist I call them because Socialists-Fascist are 2 sides of a very bad coin. They know that Entitlement & Claim culture are all symptoms of their creed. Such is the hate and fanatical dogma they are indoctrinated with, they see no other way. society has been poisoned by them and its sad

  • rate this
    0

    Comment number 188.

    "the head informed me i was within my rights to make a compo claim"

    The head advising you could make a compensation claim? For a splinter?

    Just about sums up my argument quite nicely, there, about teachers not only resisting this cultural shift within schools (as I believe they should have), but positively embracing it?

    I rest my case. Ah well, it's not their money after all, eh.

  • rate this
    +1

    Comment number 187.

    #185 Because there are some parents would sue the school (& demand the teacher be charged with assault) if a teacher removed the splinter.

    A kid at my school was impaled on a javelin. The fire brigade had to cut the thing down to size to get him through the ambulance door. As far as I know there was no further action as the accident was more or less the kids own fault.

 

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