$1.2M Payout Highlights School’s Duty of Care in Personal Injury Claims
Duty of Care Owed by Fairvale High School
Duty of care is a fundamental principle in law, requiring institutions and individuals to take reasonable steps to ensure the safety and well-being of those under their care. This legal obligation is particularly significant in educational settings, where schools must actively protect students from harm. A recent decision in the Supreme Court of NSW has highlighted the obligations that schools have to protect their students. The Defendant, in this case, the Department of Education (“the Department”), denied that its duty extended to criminal responsibility; however, the court held the Department accountable.
Personal Injury Compensation: Fairvale High School (“The Fairvale Case”)
This interesting case, which appears in ‘The Guardian’, is about the Fairvale High School’s failure in its duty of care towards a 14-year-old boy who was assaulted in 2017.
The Fairvale Case underscores serious shortcomings in school safety protocols following a disturbing incident. It involves a 21-year-old former student (“T2”) from Fairvale High School in Western Sydney who was awarded A$1.2 million in compensation after suffering a brutal, unprovoked attack by 12 classmates when he was just 14. The incident unfolded on 16 October 2017, when the student was prevented from boarding a bus and was subsequently led to a nearby park, where he was assaulted on video by his peers. The Video was then uploaded to Instagram.
The Court found that New South Wales' education system failed in its duty of care, as the school did not monitor the students adequately during this vulnerable time. The assailant, referred to in court as XY, had a history of violent behaviour and had recently returned from a suspension, yet the school did not conduct a proper risk assessment upon his return.
Legal Findings on Duty of Care in Personal Injury Claims
Justice Joanne Harrison highlighted that there were no teachers on duty to intervene during the assault, and critical safety measures, such as keeping the school office open for students in distress, were lacking. The assault left the victim with serious injuries, including damage to his ear, eye, and skull, alongside lasting psychological trauma. In 2012, the victim had been diagnosed with autism spectrum disorder, which further complicating his ability to cope with the attack and its aftermath.
The Fairvale Case is important because it is a critical reminder of the importance of proactive safety measures in schools and the potential legal repercussions of neglecting those responsibilities.
Duty of Care held by the School
The Court dismissed the Department’s defence on the following grounds:
The school had a non-delegable duty of care towards its students, acknowledging the duty owed to T2.
The school should have taken reasonable care to prevent injury to T2, assuming he exercised a reasonable care for his own safety.
The duty of care owed to T2 was broader due to his psychiatric issues, making him more vulnerable to bullying, which the school was aware of prior to the assault.
Professor Kerry Ikin (liability expert) reported inadequate anti-bullying policies in 2017, suggesting that better implementation could have prevented the assault.
Mr. Peter Meaney (liability expert) disagreed with Professor Ikin, asserting that the school adequately followed the NSW Department of Education’s anti-bullying policy.
The effectiveness of the anti-bullying policy depended on its application, not just its existence; the deputy principal did not fully implement the suggested protocols for XY’s return.
The school did not effectively communicate XY's long suspension and return to staff, leading to inadequate monitoring.
The school was aware of XY’s violent tendencies and T2’s vulnerabilities, having assured T2’s family of his safety before his return.
In view of the above, the Court held that schools are responsible for the safety of their students beyond these constraints. Justice Harrison’s decision reinforces the principles outlined in the Act, which establishes the standards for negligence and duty of care, ensuring that educational institutions are held accountable for protecting their students from foreseeable harm.
As schools continue to navigate the complexities of student safety, this case emphasises the importance of proactive measures, vigilant supervision, and effective communication with parents. It is crucial for educational institutions to foster an environment where all students feel safe and supported and to implement robust systems that protect vulnerable individuals from harm. The Fairvale Case is not just about one student's suffering; it is a strong request for systemic change in how schools approach student safety and well-being.
The Fairvale Case serves as a stark reminder of the responsibilities educational institutions have towards their students.
Seeking Legal Advice for Personal Injury Claims
If you’ve suffered an injury due to someone else’s negligence—whether by an individual, institution, or government body—our dedicated team of Personal Injury Lawyers at Veritas Law Firm is here to provide the support and legal expertise you need. We understand that injuries caused by negligent actions, whether in schools, workplaces, or public spaces, can have a lasting impact on your life.
Whether you’ve been involved in a motor vehicle accident, experienced a slip-and-fall, faced medical malpractice, or endured harm due to the negligence of an institution or entity, our experienced lawyers are committed to guiding you through the complexities of personal injury claims. We work tirelessly to ensure you receive the compensation and justice you deserve and hold the responsible parties accountable for their actions.
At Veritas Law Firm, we offer personalised legal advice and representation on a no win, no fee† basis, giving you peace of mind as you focus on your recovery. This means you won’t need to worry about upfront legal costs—we only get paid if we successfully secure compensation for you. Contact us today to learn how we can help you achieve the best possible outcome for your case.
Additional Resources:
Bullying No Way: Resources & Support for Young People, Schools & Families
Beyond Blue: Provides support for individuals experiencing anxiety, depression, and other mental health concerns. Available 24/7.
Lifeline Australia: A national service offering 24-hour crisis support and suicide prevention. Call 13 11 14 for immediate help
Kids Helpline: A free 24/7 service offering confidential support for children and young people aged 5–25. Call 1800 55 1800
The Guardian: Sydney schoolboy wins damages payout after bashing. Read more
Sydney Morning Herald: Former student awarded over $1m for violent bullying attack. Read more
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