Legal Blog: How to prepare for ‘failure to educate’ claims

Wed 23rd Sep 2015

Publication: Education Executive

When a parent believes their child isn’t doing as well as they had hoped, their first action may be to complain to the school. This complaint could, in turn, develop into a ‘failure to educate’ claim, which is played out in court. What can schools do if this happens and how can they prevent such claims being brought?

A claim generally comes about because of two reasons. One could be because of a failure to diagnose Special Educational needs (SEN) and provide appropriate support. Two, that the teaching was allegedly not up to the standard promised.

These claims can be very hard for a pupil and parent to win: the claimant has to show that the teacher fell below the standard expected of their profession and that this has caused some recoverable loss. Proving a teacher didn’t act…

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