Teaching Assistant Triumphs in High Court Battle Against Croydon Council After Pupil Attack
A teaching assistant who sustained a severe leg injury when an autistic pupil "launched herself" at her during a school trip has successfully sued Croydon Council in the High Court. Tracy Staples, employed at Priory School in Upper Norwood, Croydon, which caters to students aged 11 to 19 with moderate to severe learning difficulties, filed for damages in 2021 following the incident on May 20, 2019.
Details of the Incident and Legal Arguments
The incident occurred during a visit to an allotment when a non-verbal pupil, identified only as UN, chased Ms Staples, causing her to fall, before jumping on top of her. Ms Staples' legal team argued that the council was liable because the school failed to conduct a "dynamic risk assessment" and that the trip represented an "unusually high-risk choice." They highlighted that UN, known to exhibit violent behaviors such as head-butting, punching, and biting when anxious, had arrived at school distressed that day, and plans for outings were altered at short notice, despite UN typically requiring up to a week to adjust to routine changes.
Staff members, including Ms Staples, had expressed concerns about the plans, and UN began displaying aggressive behaviors, including biting and gripping, prior to headbutting Ms Staples. The council's defense contended that it had not breached its duty to provide a safe working environment, asserting that the injury was not "reasonably foreseeable" and that UN's actions were not unusual.
Judge's Ruling and Implications
In a comprehensive 110-page ruling delivered on Monday, March 30, Mrs Justice Ellenbogen determined that a "reasonable, prudent and competent" school performing a dynamic risk assessment would have identified the risks posed by UN to staff. She stated, "It follows that I conclude that, in allowing UN to participate in the allotment trip, the defendant did not take all reasonable steps required to mitigate the relevant risks and acted in breach of its duty to provide the claimant with a safe system of work."
The judge emphasized that the incident "was reasonably foreseeable and did not fall outside the scope of the defendant's duty" to ensure a safe environment. A subsequent hearing will determine the amount of damages to be awarded to Ms Staples. This case underscores critical issues in school safety protocols and the legal responsibilities of educational institutions in managing high-risk situations, particularly for staff working with vulnerable pupils.
