Accidents at School Compensation Claims

An accident at school can be distressing for both a child and their family. When a child sustains an injury while under the supervision of a school, questions often arise about how it happened and who is responsible. Schools in England and Wales have a legal duty to take reasonable steps to protect pupils from harm. When that duty is not met and an injury occurs, it may be possible to pursue compensation on a child’s behalf.

JMW supports families where a child has been injured in a school accident caused by negligence. This can include incidents linked to unsafe environments, inadequate supervision, or failures to follow health and safety procedures. Our role is to assess what happened, explain the options available, and guide you through the claims process with care and clarity.

To speak to a solicitor about an accident at school, call 0345 872 6666 or complete our online enquiry form. We will discuss what happened, explain the next steps, and advise on whether a compensation claim may be possible.

How JMW Can Help

JMW supports families when a child has been injured at school due to negligence. Our focus is on helping your child return, as far as possible, to the position they were in before the accident. Every child injury claim is different. The impact of an injury is not always clear straight away, particularly where recovery is still ongoing. JMW approaches each case on its own facts and adapts the legal strategy as your child’s needs become clearer.

Our solicitors have extensive experience handling child injury claims, including cases involving serious injuries. We understand how sensitive these matters are and take steps to keep a child’s direct involvement to a minimum. JMW manages the legal process on your behalf, explains each stage in clear terms, and keeps you informed throughout, allowing you to focus on supporting your child.

Child injury claims are governed by a combination of personal injury law and legal duties specific to children’s safety and welfare. JMW’s personal injury team remains up to date with relevant legal developments to make sure claims are pursued in line with current law in England and Wales. This experience allows us to assess liability carefully and build a strong case from the outset.

A school accident compensation claim can take account of more than the injury itself. Depending on the circumstances, compensation may reflect matters such as:

• Time taken off work by parents or family members to care for a child.
• Time a child has missed from school.
• Damage to clothing or personal belongings.
• Additional care or support required following the accident.

JMW has long-standing experience representing families in no win, no fee school accident claims. Where it is appropriate to resolve a claim through negotiation, we handle this on your behalf. If a case needs to proceed to court, our solicitors are experienced in representing children’s interests and will prepare the case with care and professionalism.

JMW acts for families across England and Wales, with offices in Manchester and London. Our team has received recognition from legal institutions such as the Legal 500 and Chambers & Partners, meaning you can trust us to provide clear advice, practical support, and a consistent point of contact throughout the claim.

Meet the Team

JMW’s personal injury team provides expert guidance and support for families affected by school injuries and accidents to help them navigate the legal process and secure the compensation they deserve.

What Types of Accidents Can Result in a School Compensation Claim?

Accidents at school can occur in many different ways. Where a child is injured because a school has failed to take reasonable steps to keep pupils safe, it may be possible to pursue a school accident compensation claim. These incidents can happen anywhere within a school setting and during activities organised or supervised by the school. Seeking legal advice can clarify whether negligence may be involved and whether you are eligible to claim.

Common causes of school accidents include inadequate supervision by staff, failures to follow health and safety policies, and unsafe environments. Schools are responsible for identifying risks and taking action to reduce them. When this does not happen, children can be exposed to avoidable hazards.

Examples of accidents that may result in a school compensation claim include:

• Slips and falls - caused by wet floors, uneven surfaces, or poorly maintained stairways.
• Accidents involving faulty or damaged playground equipment.
• Injuries linked to classroom hazards, such as sharp edges on furniture or unsafe fixtures.
• Sports and physical education accidents where appropriate instruction or supervision was lacking.
• Accidents during school trips or off-site activities where safety planning was inadequate.
• Incidents involving school-organised transport.

Children are often less aware of risks than adults. This places a greater responsibility on schools to supervise pupils and manage their environments carefully. Where a failure in supervision, maintenance or planning leads to an injury, a compensation claim may be appropriate.

Common injuries sustained in school accidents can include fractures, sprains and concussions. The severity of these injuries varies, and in some cases the longer-term impact may not be clear straight away. JMW considers the full circumstances of the accident and the effect on a child when assessing whether a successful school accident claim can be made and how much compensation you could be owed.

When Is a School Responsible for an Injury or Accident?

Schools in England and Wales have a legal duty of care to provide a safe environment for pupils while they are under school supervision. This duty applies during lessons, break times, school activities, and organised trips. It also extends to the condition of school buildings, equipment, and outdoor areas.

A school may be responsible for an injury or accident where it has failed to take reasonable steps to protect pupils from harm. This can include situations where health and safety policies are not followed, risks are not properly assessed, or supervision levels are inadequate. Schools are required to carry out regular risk assessments and to act on any hazards identified. They must also comply with statutory requirements around adult-to-child supervision ratios.

Negligence may be established where a school knew, or should have known, about a risk and did not take appropriate action. Examples include failing to repair damaged play equipment, allowing unsafe classroom conditions to persist, or not supervising children during activities where closer attention was required.

Not every accident at school will give rise to a compensation claim. Children can be injured even where reasonable precautions are in place. JMW reviews the circumstances of each incident carefully to determine whether a breach of the school’s duty of care may have contributed to the injury and whether a claim can be pursued.

What Is the Process for Making a Claim?

The process for making an accident at school compensation claim follows a clear series of steps. JMW manages each stage on your behalf and explains what is happening throughout, allowing you to focus on supporting your child.

• Initial discussion: you speak with a solicitor about how the accident happened and how your child was injured. This allows JMW to assess whether the school may have failed in its duty of care.
• Assessment of eligibility: we review the circumstances of the accident to determine whether negligence may be established.
• Evidence gathering: JMW obtains and reviews relevant evidence, which may include medical records, witness statements, photographs, and documents provided by the school.
• Handling communication: we deal directly with the school, local authority, or insurers, removing the need for you to manage these discussions.
• Valuing the claim: compensation is assessed by considering the nature of the injury, its impact, and any related financial losses.
• Negotiation: where possible, JMW seeks to resolve the claim through negotiation.
• Court proceedings if required: if a claim cannot be resolved, we are experienced in representing a child’s interests through the court process.

Most school accident claims are funded through a no win, no fee arrangement. There are no upfront legal fees, and you do not pay for your solicitor’s work if the claim is unsuccessful. To learn more about the process, read our guide to the lifecycle of a claim.

How to Make a Claim on Behalf of a Child

If a child is injured in an accident at school, the law requires an adult to bring the claim on their behalf. This adult is known as a litigation friend. In most cases, this will be a parent or legal guardian, although another responsible adult can act in this role if needed.

A litigation friend represents the child’s interests throughout the claim. They provide instructions to the solicitor, approve decisions about how the claim is handled, and act as the point of contact with the legal team. The litigation friend does not become personally liable for the injury or the outcome of the claim. Their role is to support the process and make decisions that are in the child’s best interests.

A school accident claim can begin immediately after the injury. There is no need to wait until a child turns 18. Starting a claim earlier can help with gathering evidence and ensure the circumstances of the accident are properly recorded. JMW guides litigation friends through each stage of the process and explains what is required in clear terms.

Where a claim is resolved during childhood, the court must approve any settlement. This is a safeguard designed to protect the child. Compensation is usually held securely until the child turns 18, unless the court approves earlier use for specific needs linked to the injury.

If a claim is not made during childhood, a child can choose to bring their own claim once they turn 18. In most cases, they have until their 21st birthday to do so. JMW can advise on time limits and the most appropriate way to proceed based on the individual circumstances.

Q

How much compensation can I receive for a school injury claim?

A

There is no fixed amount of compensation for a school accident claim. The value of a claim depends on the individual circumstances of the injury and its impact on a child’s life. Each case is assessed on its own facts.

When calculating compensation, a number of factors are considered, including:

• The type and severity of the injury: fractures, sprains, concussions and other injuries are assessed based on medical evidence and expected recovery.
• The effect on daily life: this can include disruption to schooling, activities and normal routines.
• Any ongoing or long-term impact: where an injury has lasting effects, this is reflected in the overall valuation.
• Medical treatment and rehabilitation: compensation may take into account treatment costs, therapy and rehabilitation linked to the injury.
• Additional financial losses: this can include travel expenses, damaged personal belongings, or the cost of extra care.

Compensation is usually divided into two parts:

• General damages: covering the injury itself, including pain and discomfort
• Special damages: covering financial losses and expenses caused by the accident

Solicitors use the Judicial College Guidelines as a reference point when valuing injuries. These guidelines provide compensation brackets for different types of injuries. Our personal injury solicitors will consider these alongside medical reports and the specific details of your child’s case to arrive at an appropriate figure.

Q

How can I safeguard compensation received on behalf of my child?

A

When compensation is awarded to a child following a school accident claim, the law provides safeguards to protect that compensation until the child is older. These measures are designed to make sure the award is preserved for the child’s benefit.

In most cases, the following arrangements apply:

• Compensation held in trust: any compensation awarded to a child is usually placed into a court-approved trust. The funds are held securely until the child turns 18.
• Court approval of settlements: if a claim concludes before a child reaches adulthood, the court must approve the settlement. This confirms that the outcome is in the child’s best interests.
• Restricted access to funds: access to the compensation is generally limited until the child turns 18, to protect the award for their future needs.

In certain circumstances, the court may allow limited access to the compensation before a child turns 18. This is usually where funds are needed for specific purposes linked directly to the injury, such as treatment, rehabilitation, or additional support. Any request for early access must be approved by the court.

Q

What is the time limit for making a claim?

A

The time limit for making a school accident compensation claim depends on the age of the injured person at the time of the accident. Personal injury claims usually have a three-year time limit from the date of the injury, but for a school accident claim involving a child, the three-year time limit does not begin until the child turns 18. This means they usually have until their 21st birthday to make a claim themselves. By contrast, a parent or guardian can begin a claim on a child’s behalf at any point before the child turns 18 by acting as a litigation friend.

Although the law allows time, starting a claim earlier can be helpful. Evidence is often easier to obtain closer to the date of the accident, and schools are more likely to have clear records available.

Q

What evidence will I need to make an accident at school claim?

A

Evidence helps to show how a school accident happened and whether the school may have failed in its duty of care. The type of evidence required will depend on the circumstances of the accident, but some forms of evidence are commonly relied upon in school accident compensation claims.

This may include:

• Medical records and reports: confirming the nature of the injury, treatment received, and any ongoing impact.
• School accident records: schools should record incidents in an accident log book. A copy of the official accident report can confirm that the incident took place.
• Witness statements: accounts from teachers, staff, pupils, or other adults who saw the accident or its aftermath.
• Photographs or video footage: images of the scene, damaged equipment, hazards, or visible injuries can be helpful.
• Supporting documents: this may include correspondence with the school or evidence of expenses linked to the injury.

It is advisable to report the accident to the school as soon as possible to make sure it is properly documented. JMW will advise on what evidence is relevant in your case and will assist with obtaining and reviewing it as part of the claims process.

Q

Can adults claim compensation if they are injured on school premises?

A

Adults can also be injured on school premises. This may include parents, visitors, contractors, or other members of the public who are lawfully on school grounds. Where an adult is injured because a school has failed to take reasonable steps to keep the premises safe, it may be possible to pursue a compensation claim.

These claims are assessed under the same principles of negligence that apply to school accidents involving children and other personal injury cases. The key question is whether the school breached its duty of care and whether that breach caused the injury.

If you are an adult who has been involved in an accident on school premises, please get in touch with our main personal injury claims department to learn more.