26th June 2007

Injury Caused By Disruptive Pupil

The client was employed by the school as an inclusion officer in a school for disruptive pupils.

The client was forced to intervene when a pupil was trying to smash a window with a piece of wood. As the situation began to worsen the client had gone to see the head teacher to inform her of the situation. The teacher sent the claimant to search for two other members of staff who were trained in restraint techniques.

Whilst the claimant was searching for the other teachers he came across the pupil once more who was trying to smash another window, the claimant decided that immediate intervention was required.

Breach of Duty

The claimant wrestled the wood from the pupil’s hands and as he was trying to hold the pupil was thrown backwards by the pupil which caused his back to hit a window ledge.

The judged ruled that the head teacher was at fault for the claimant’s injury as she was trained in control and restraint techniques therefore when she was approached by the claimant should have gone to assist him. The fact that she did not constituted a breach of duty.


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