Q&As

What duties does a school have when it receives a disclosure that a child is claiming sexual assault by another pupil? If a parent isn’t happy about the actions taken by the school what remedy do they have?

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Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council
Published on: 04 September 2017
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Every case involving these issues will be dependent on the specific facts of the matter. Schools will need to take advice each time, from their local support and possibly specific legal advice too.

Background

The governing bodies of maintained schools have a duty from section 175 of the Education Act 2002 that they shall make arrangements for ensuring that their functions relating to conduct of the school are exercised with view to safeguarding and promoting welfare of pupils at school. Academy schools have similar requirements from Regulation 3 of the Education (Independent School Standards) Regulations 2014, SI 2014/3283. Teachers at maintained schools, and those at academies where their contract incorporates it, have similar duties under the annual school teachers’ pay and conditions document. Schools also have a common law duty of care

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Jurisdiction(s):
United Kingdom
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Key definition:
School definition
What does School mean?

An educational institution providing primary and/or secondary education.

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