Under Section 19 of the Education Act 1996, local authorities have a legal duty to arrange suitable education for children who cannot attend school due to illness, exclusion, or other circumstances. When schools and local authorities breach this duty of care, vulnerable children can suffer serious harm — and affected families may have the right to claim compensation through National Claims.
What Is the Section 19 Duty of Care?
Section 19 of the Education Act 1996 places a clear legal obligation on local authorities in England. In short, they must arrange suitable, full-time education for any child of compulsory school age who cannot attend school. This applies whether the absence is due to illness, exclusion, or any other reason that makes attending school unreasonable.
However, the duty goes beyond just the local authority. Under Section 175 of the Education Act 2002, governing bodies of maintained schools must also exercise their functions with a view to safeguarding and promoting the welfare of children. Furthermore, the Department for Education’s Keeping Children Safe in Education guidance reinforces that schools play a central role in the wider child safeguarding system.
According to the Local Government and Social Care Ombudsman, the term “otherwise” within Section 19 is deliberately broad. As a result, it covers situations far beyond just illness and exclusion — including children struggling with anxiety, chronic fatigue, or mental health conditions that prevent school attendance. Importantly, the Ombudsman has upheld complaints against local authorities that failed to act when children could not reasonably attend school.
Despite these protections, many families find that schools and councils fall short. When this happens, the consequences for a child’s education, mental health, and overall development can be devastating.
Am I Eligible to Claim Compensation?
If your child has suffered harm because a school or local authority breached their duty of care, you may be eligible to make a compensation claim. To succeed, you generally need to demonstrate three things:
- A duty of care existed — Schools owe a duty of care to every pupil under the Occupiers’ Liability Act 1957, the Health and Safety at Work Act 1974, Section 175 of the Education Act 2002, and the Children Act 1989.
- The duty was breached — The school or local authority failed to take reasonable steps to protect your child. This could include ignoring safeguarding concerns, failing to provide alternative education under Section 19, neglecting special educational needs, or allowing bullying to persist unchecked.
- The breach caused harm — Your child suffered physical injury, emotional distress, psychological harm, or significant academic setback as a direct result of the failure.
Many parents worry that making a claim will be difficult or that they somehow share the blame. However, schools are expected to take stronger precautions for children precisely because young people are less aware of risks than adults. Additionally, you do not need to prove the school acted deliberately — negligence alone is sufficient.
It is also important to know that children cannot make claims themselves. Instead, a parent or guardian acts as a “litigation friend” on their behalf. The standard three-year time limit does not begin until the child turns 18, giving them until their 21st birthday to pursue a claim. That said, starting the process early typically leads to stronger evidence and better outcomes.
What Compensation Could You Receive?
Compensation for school negligence claims covers both “general damages” (pain, suffering, and loss of quality of life) and “special damages” (financial losses you have incurred). The Judicial College Guidelines provide the framework solicitors use to assess what your claim could be worth.
| Injury / Situation | Compensation Range (£) | Notes |
|---|---|---|
| Minor physical injuries (cuts, bruises, sprains) | £1,000 – £3,000 | Full recovery within weeks |
| Moderate fractures (arm, wrist, ankle) | £3,000 – £12,000 | Depending on recovery time and complications |
| Moderate psychological harm (anxiety, PTSD) | £6,000 – £22,000 | Ongoing symptoms affecting daily life |
| Severe psychological harm | £22,000 – £60,000 | Significant long-term impact on education and wellbeing |
| Severe head injuries | £15,000 – £100,000+ | Depending on degree of cognitive impairment |
| Physical and/or sexual abuse cases | £9,730 – £120,000+ | Based on severity, duration, and long-term impact |
These figures are based on the Judicial College Guidelines and are estimates only. Your actual award depends on the specific facts of your case.
On top of general damages, you could also receive special damages covering costs such as time taken off work to care for your child, private tutoring or educational support, medical treatment and therapy bills, and travel expenses related to treatment or alternative schooling.
How the Claims Process Works
- Contact National Claims — Speak to our team for a free, no-obligation assessment of your situation. We will listen to what happened and advise whether you have grounds for a claim.
- Gather your evidence — This includes medical records, school correspondence, any complaints you have made, Ofsted reports, or local authority communications related to your child’s education.
- Connect with an experienced solicitor — National Claims will match you with a solicitor who specialises in school negligence and child welfare cases.
- Your solicitor sends a letter of claim — This formal letter notifies the school or local authority of your intention to claim and outlines the evidence of negligence.
- Negotiation and settlement — The vast majority of school negligence claims settle through negotiation without ever reaching court. Your solicitor will fight for the maximum compensation.
- Receive your compensation — If the claim is for a child, the awarded funds are typically held in a Court Funds Office account until the child turns 18, including any accrued interest. However, your solicitor can apply for early release to cover essential care or education costs.
Why Choose National Claims?
- Experienced solicitor network — We connect you with solicitors who have a proven track record handling school negligence and child injury claims across the UK.
- No upfront costs — Our claims process operates on a No Win, No Fee basis, so you will never face financial risk when pursuing justice for your child.
- Specialist case handling — Every case receives dedicated attention from professionals who understand the complexities of education law, safeguarding duties, and child welfare.
- Compassionate support — We recognise how distressing it is when a school fails your child. Our team provides clear guidance and reassurance at every step.
People Also Ask
Q1: What is the Section 19 duty of care in schools?
A: Section 19 of the Education Act 1996 requires local authorities to arrange suitable, full-time education for children who cannot attend school because of illness, exclusion, or other circumstances. Schools also have broader safeguarding duties under Section 175 of the Education Act 2002 and the Children Act 1989.
Q2: Can I claim compensation if a school failed my child?
A: Yes, you can claim compensation if you can show the school owed a duty of care, breached that duty, and your child suffered harm as a result. A parent or guardian can make the claim as a litigation friend on behalf of the child.
Q3: How long do I have to make a school negligence claim?
A: For children, the standard three-year limitation period does not start until their 18th birthday. This means they have until age 21 to bring a claim. However, a parent can start the claim at any time before the child turns 18, and acting sooner usually strengthens your case.
Q4: Will making a school negligence claim cost me anything?
A: National Claims connects you with solicitors who work on a No Win, No Fee basis. You pay nothing upfront, and you only pay solicitor costs if your claim succeeds.
Q5: What evidence do I need for a school duty of care claim?
A: Useful evidence includes medical records, school reports and correspondence, records of complaints made to the school or local authority, educational psychologist assessments, and any documentation showing the school’s failure to meet its obligations. Your solicitor will help you gather everything needed to build a strong case.
Start Your Claim Today
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.
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.
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About National Claims
This article was written by the National Claims content team. Our specialists have years of experience helping people across the UK with personal injury, road traffic accident, and housing disrepair claims. We work alongside regulated solicitors to ensure our information is accurate, up-to-date, and genuinely useful for anyone seeking to understand their rights after an accident.
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