If you feel a young person’s educational needs are not being met, Tollers’ expert solicitors can advise if there is a case for negligence against the educational body. If there is, we can act on your behalf and take the necessary steps to resolve the issue and pursue a claim for compensation. Alternatively, we could try to resolve the problem by agreement.
It is always hoped and expected that educational provision will be delivered effectively and to the benefit of the young person concerned.
If the provision falls short, it is possible to pursue a claim for breach of contract or negligence. The legal test for these breaches is different. To establish negligence, the provision has to fall below the standard accepted by a responsible body of that type of educational provision. However, this must relate to the teaching methods, overall organisation, the content of the courses, the facilities or the appropriate diagnosis of a Special Educational Need. It is not possible to pursue a claim on the basis of exercise of academic judgement.
A breach of contract case is based upon a failure to provide services of a reasonable standard. For this to apply, a contract has to be in force with monies or monies worth from each party being involved.
Damages for negligence and breach of contract are assessed differently. For negligence, damages are awarded to put the person back in the position that they would have been in had the negligence not happened whereas damages for breach of contract are to put the person in the position they would have been in had the contract been properly performed.
In many cases, this can amount to the same thing and money can be used to compensate for loss of self-worth and psychological illness caused by the failure to properly educate, to replace lost earnings or to buy additional education to put the young person back on the right track.
We can also offer educational institutions advice on claims against them for educational negligence or breach of contract.
Talk to Tollers
We have extensive and wide-ranging experience dealing with claims involving educational law issues, acting for and against educational bodies. Whatever your circumstances, we offer practical, clear and expert advice tailored to your needs. Get in touch with our specialist team.