Can I claim if my child is injured by another pupil at school?

If your child has been injured by another pupil, you may be able to make a claim against the school. Schools must take reasonable steps to supervise pupils and protect them from foreseeable harm, and may be liable for compensation if the incident resulted from a breach of their duty of care.

While schools are not automatically responsible for every altercation between pupils, a claim could be made if there is evidence of inadequate supervision, a history of bullying, prior complaints, or other forms of negligence.

This guide explains when you may be able to make a claim against the school and when you can claim through the CICA, what time limits apply, and what evidence you need to support a compensation claim.

Table of Contents

• Can I claim compensation if my child was injured by another pupil at school?
• What is the legal duty of schools to prevent harm between pupils?
• Can a school be liable for bullying or repeated violence?
• What supervision failures can make the school liable?
• Can I claim through the CICA for a serious assault at school?
• What should I do if my child is injured by another pupil at school?
• What evidence do I need to claim for a child injured by another pupil?
• What is the time limit for making a child injury claim against the school?
• No win no fee claims for children injured by another pupil

Can I claim compensation if my child was injured by another pupil at school?

Yes, you may be able to claim compensation if your child was injured by another pupil, but only if you can prove that the school failed in its duty to supervise and protect children from foreseeable harm.

To make a successful negligence claim against a school, you usually need to show that:

• The school owed your child a legal duty of care.
• That duty was breached through inadequate supervision or failure to act.
• The breach caused or contributed to the incident.
• Your child suffered an injury as a result.

In most cases, the claim is made against the school and not the other pupil. This is because schools have a legal duty of care to take reasonable steps to supervise and protect pupils on school premises. Furthermore, children do not usually have the means to pay compensation.

What is the legal duty of schools to prevent harm between pupils?

Schools have a legal duty to take reasonable steps to protect children from foreseeable risks of harm, including physical, emotional, and psychological injuries caused by other pupils.

The school’s responsibilities arise from legislation such as the Education Act 2002, the Education and Inspections Act 2006 and the common law. These duties commonly include:

• Provide adequate supervision during school hours, including during breaks and school trips.
• Keep a safe environment that does not expose children to unnecessary risks of harm.
• Respond appropriately to reports of bullying or inappropriate behaviour.
• Take prompt action against pupils with a history of aggression.
• Properly train staff on how to recognise and manage behavioural issues.
• Make reasonable adjustments for children with special needs where required to ensure their safety and inclusion.
• Implement and follow behavioural policies to prevent and respond to bullying.

Failing to meet these duties may be grounds for a school accident claim if negligence causes a child to be injured by another pupil.

Can a school be liable for bullying or repeated violence?

Yes. A school can be held liable if a child is injured by another pupil and there is a history of bullying or violence without adequate action being taken.

This may apply to situations where:

• There was a failure to develop and enforce a behaviour policy in accordance with the GOV.UK guidance for bullying at school.
• There was a failure to comply with relevant statutory guidance such as Keeping children safe in education.
• Prior bullying complaints were made but not investigated.
• The school failed to intervene or mishandled a conflict between pupils.
• The aggressor had a known history of violence.
• The parents raised prior concerns with the staff.
• The staff did not receive proper training on how to handle behavioural issues.

If the school has failed to protect your child despite clear warning signs, you may have grounds to claim compensation.

What supervision failures can make the school liable?

Inadequate supervision during class, break time or school trips is a common cause of pupils being injured by another child. Examples include:

• Insufficient school staff monitoring pupils during breaks or lunchtime.
• Organising school trips or outdoor activities with insufficient staffing levels.
• Staff failing to intervene quickly in escalating behaviour or horseplay.
• Negligent supervision during specific activities such as sports or science labs.
• Inadequate monitoring of corridors, toilets or playground areas.

If the incident could have been prevented or stopped from escalating with proper supervision, the school may be held liable for personal injury compensation.

Can I claim through the CICA for a serious assault at school?

Yes. If your child suffered serious injuries following an assault by another pupil at school, you may be able to make a criminal injury compensation claim.

Such claims are handled by the Criminal Injuries Compensation Authority (CICA), a UK government body that compensates blameless victims of violent crimes.

Important considerations:

• CICA claims are based on criminal injury criteria, not school negligence.
• The incident must be reported to the police as soon as possible.
• The compensation awarded by the CICA is based on a tariff system and may be lower than a successful personal injury claim.
• This route is mainly used when the school is not clearly liable.

CICA claims are generally subject to a two-year time limit from the date of the incident, with some exceptions, including for children. If the incident was reported to the police before the child’s 18th birthday, an application must usually be received by their 20th birthday, although the CICA may exercise discretion in certain circumstances.

In many cases, however, a personal injury claim against the school remains the main route to seek compensation if negligence can be proven.

What should I do if my child is injured by another pupil at school?

If your child has been bullied or injured at school, taking the following steps may help you claim compensation for the harm they suffered:

1. Document the incident – This may include photographs of injuries and any torn clothing, medical records detailing the injuries, CCTV footage and witness statements.
2. Notify the school – Formally report the incident to the school in writing and request a formal investigation and a signed copy of the report.
3. Consult with a specialist solicitor – They can assess your case and help you understand your legal rights and the best way to move forward.
4. Start your claim – If you are eligible to claim compensation, your solicitor will formally inform the school, help you gather further evidence and guide you through the claims process.

What evidence do I need to claim for a child injured by another pupil?

To make a claim on behalf of a child injured by another pupil, you must gather reliable evidence to prove the school injury, the breach of duty, and the damages incurred.

Key types of evidence include:

• Medical records detailing the nature and extent of the child’s injuries and their prognosis.
• Specialist reports confirming the long-term impact on the child’s life, including any psychological injuries.
• Witness statements from teachers, staff and other pupils who witnessed the incident.
• Pictures of the injuries and any CCTV footage of the incident.
• School accident report forms, incident logs and any official investigations.
• Previous bullying complaints or behavioural issues.
• Proof of related financial losses, such as medical expenses, therapy costs or loss of earnings.

Your solicitor will help you gather the documents needed to make a personal injury compensation claim on behalf of your child.

What is the time limit for making a child injury claim against the school?

Under the Limitation Act 1980, there is a general 3-year time limit for starting a personal injury claim after an accident. However, child injury claims arising from accidents at school are not bound by this limitation period in the same way.

Instead, the 3-year time limit does not start to run until the child’s 18th birthday, from which they generally have until their 21st birthday to start a claim.

Nonetheless, a parent or legal guardian can make a school accident compensation claim at any time before the child turns 18. This is strongly recommended, as the sooner you seek legal advice, the easier it is to secure evidence and build a strong claim for compensation.

No win no fee claims for children injured by another pupil

If you are entitled to make a claim on behalf of your child, your solicitor may represent you under a no win no fee agreement. This means you pay nothing upfront or if your claim is unsuccessful. You only pay a success fee capped at 25% of general damages and past financial losses if you receive compensation.

Furthermore, a solicitor will help prove liability, gather supporting evidence, and handle all communication and paperwork on your behalf.

If your child was injured by another pupil at school, do not hesitate to contact a solicitor for expert advice on your legal options. You can call 0800 470 0472 today for a free case assessment or use our contact form to request a call back.

Last edited on 3rd Aug 2026

Nicholas Tate (LLB Hons, LLM in Health Law) has over 15 years’ experience in the legal industry, with specialist knowledge of personal injury and medical negligence claims.