School Attack Claim: Can You Sue If Your Child Is Assaulted by Another Pupil?

If your child has been attacked by another pupil, you’re not powerless. Schools in England and Wales owe pupils a legal duty to safeguard and supervise them. When that duty is breached and a child is injured, you may be able to pursue a school attack claim against the school or local authority — and, in some cases, seek criminal injuries compensation as well.

Yes, you can often claim compensation if your child is assaulted by another pupil where the school failed in its safeguarding duties (for example, inadequate supervision or ignoring known risks). You may also explore a criminal injuries route. National Claims can guide you on liability, evidence, and the fastest route to the compensation your family deserves.

How liability works when a pupil assaults another pupil

Schools and colleges must have regard to statutory safeguarding guidance and take reasonable steps to protect pupils from foreseeable harm. This includes proper supervision, risk assessments in areas like corridors and playgrounds, responding to bullying or threats, and acting on prior incidents or warnings. Where systems or supervision fall short, the school (or local authority/academy trust) can be negligent.

Key principles we assess:

• Foreseeability: Were there previous threats, bullying, or risk indicators the school knew or should have known about?
• Adequate supervision: Were staff present at change-over, lunch, or known “hot spots”?
• Policies & training: Did the school follow the Keeping Children Safe in Education guidance and its own behaviour/anti-bullying policies?
• Action on reports: Did staff respond promptly and record concerns? Failures can suggest systemic safeguarding breaches.

Research and case commentary show courts examine whether the school’s steps were reasonable in context — not whether harm was avoidable in hindsight. Where supervision, policies, or responses were inadequate, liability can follow.

When you can claim — and who you can claim against

You may have a civil claim if:

1. Your child was assaulted by another pupil and
2. The school breached its duty of care (e.g., failed to supervise, ignored prior risks, or didn’t follow safeguarding guidance), and
3. That breach caused the injury (physical and/or psychological).

Potential defendants: the school, academy trust, or local authority (depending on the school’s status). National Claims will identify the correct legal entity and the most effective route.

Criminal injuries (alternative/additional): Where an offence of violence occurred, you may also explore a Criminal Injuries Compensation Authority (CICA) claim. This can apply even if there’s no prosecution, but strict rules and time limits apply. We’ll assess whether a CICA route should run alongside (or instead of) a negligence claim.

What to do immediately after an incident

Acting quickly protects your child’s health and your claim:

• Get medical help and follow clinical advice (watch for head/face/orthopaedic injuries, PTSD symptoms).
• Report to the police (999 in emergencies; otherwise 101 or online). Keep the crime reference number.
• Insist the school records the incident and request copies of the report and any CCTV.
• Keep evidence: photos of injuries, damaged clothing, witness details, previous complaint emails, behaviour logs.
• Log symptoms and costs: GP visits, counselling, travel, and any school absence.

NHS guidance emphasises monitoring for head injury “red flags” such as persistent headache, vomiting or confusion — seek urgent care if these appear.

Time limits (don’t miss your window)

• Negligence claims (civil): Generally 3 years from the child’s 18th birthday (i.e., until age 21) to issue proceedings.
• CICA claims: Usually 2 years from the incident, with exceptions for children and exceptional circumstances. National Claims will confirm the correct limit and whether extensions apply.

Evidence National Claims gathers for you

We front-load evidence to maximise your prospects and settlement value:

• Safeguarding compliance: policy audits, staff training records, risk assessments, supervision rotas, behaviour logs.
• Incident materials: school reports, witness statements, CCTV/body-cam footage where available.
• Medical evidence: GP/hospital records, consultant reports, clinical psychology (PTSD/adjustment disorder).
• Losses: therapy costs, travel, parents’ lost earnings for care, educational support needs.

How Compensation is Calculated

Compensation usually has two parts:

1. General damages for pain, suffering and loss of amenity (PSLA) — guided by the Judicial College Guidelines (JCG).
2. Special damages for financial losses (treatment, travel, care, future support, tutoring).

The JCG are updated periodically (17th edition released April 2024), and courts use them to keep awards consistent across England and Wales. Figures below are indicative only; your child’s award depends on medical evidence and prognosis.

Indicative compensation ranges (PSLA)

Injury example (illustrative)	Indicative bracket*
Minor head injury/concussion with short-lived symptoms	Up to low five figures
Facial scarring (noticeable but non-disfiguring)	Low to mid five figures
Broken nose (displaced) after assault	Several thousand to low five figures
PTSD/psychological injury (moderate)	Low to mid five figures
Moderate brain injury (lasting cognitive effects)	High five to six figures
Severe brain injury/very severe psychiatric harm	Six figures+

*Based on the Judicial College Guidelines (17th ed., 2024) commentary. Exact awards vary by age, severity, recovery time and impact on schooling and daily life.

Will the police need to be involved?

Assault is a criminal offence. Reporting helps protect your child and others, and it creates a contemporaneous record supporting your claim. Use 999 in emergencies or 101/online otherwise. You can also report anonymously.

Schools are under strong safeguarding duties and are expected to act on concerns and keep accurate records under Keeping Children Safe in Education.

Can we claim if the school says it “followed policy”?

Possibly. We frequently see gaps between paper policies and practice. For example:

• Known bullying “hot spots” left unsupervised.
• Repeated complaints not escalated.
• Failure to separate pupils after threats.
• Delays contacting parents or the police.

Where reasonable steps weren’t taken — despite clear risks — liability can still arise even if the school had policies on paper.

Practical tips to strengthen your claim

• Ask for the school’s incident report and behaviour logs in writing.
• Request CCTV retention immediately (many systems overwrite after days).
• Make a GP appointment to document injuries and any flashbacks, sleep problems or anxiety.
• Keep a symptom diary noting pain levels, nightmares, school avoidance, or regression.
• Tell the SEN/DSL leads if your child needs pastoral or learning adjustments.
• Follow police reporting guidance and retain the crime reference number.

Do we have to use a government route?

No. You don’t have to navigate complex processes alone. National Claims will triage your case, build evidence against the school/authority where negligence is provable, and also advise whether a CICA claim is sensible in parallel for criminal injuries — maximising your overall recovery while avoiding pitfalls around eligibility, time limits and medical evidence.

Why families choose National Claims

• Specialist know-how in pupil-on-pupil assaults, bullying and poor supervision claims.
• Evidence-led strategy aligned with statutory safeguarding standards.
• Medical and psychological pathways for child-appropriate assessments.
• Clear communication and a compassionate, child-centred approach.

Experts recommend early legal advice to protect evidence and meet strict time limits. We make the process straightforward and keep your child’s wellbeing at the centre of every decision.

Frequently Asked Questions: School Attack Claims

1. Can I claim if the attacker is under the age of criminal responsibility?
Yes. Civil liability focuses on the school’s negligence, not the attacker’s criminal culpability. If safeguarding failures contributed, you may still claim from the school/authority.

2. What if my child has psychological trauma but no visible injuries?
You can still claim for clinically diagnosed conditions such as PTSD or anxiety, supported by medical evidence. CICA also recognises many psychological injuries.

3. Should I move my child to another school?
That’s a pastoral decision for your family. If you do, keep records of any costs, travel, uniform, or tutoring, as they may be recoverable.

4. Will my child have to go to court?
Most claims settle without a trial. If proceedings are needed, extra steps protect child claimants’ privacy and welfare.

5. How long will it take?
Timeframes vary with medical recovery and investigations. We prioritise early interim payments where liability is accepted.

Ready to start? Here’s how National Claims helps today

1. Free case review within minutes to identify the strongest route (civil and/or CICA).
2. Evidence plan aligned to school safeguarding duties and police reporting best practice.
3. Medical assessment to quantify physical and psychological harm.
4. Proactive negotiations to secure fair compensation fast — always focused on your child’s recovery and education.

Important resources

• Keeping Children Safe in Education – statutory safeguarding guidance. GOV.UK
• Report a crime – UK police guidance (101/online). GOV.UK
• NHS: Head injury & concussion – symptoms and when to get help. nhs.uk
• CICA guidance – overview of criminal injuries compensation. GOV.UK

Mandatory costs notice

Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.

Don’t wait while your claim window closes. Speak with National Claims today. We’ll connect you with experienced solicitors who understand your case and fight for the maximum compensation you deserve.