Page 37 - Mini-Module 9

Duties Relating to School Operations

Premises

A Principal has a primary legal duty to ensure that the school premises
are safe. A failure to keep school premises safe can amount to liability
in negligence.

The Housing Department is responsible for providing internal
maintenance services in maintaining the external and structural
elements of estate aided schools. The Estate Management Division of
the Housing Department provides maintenance services to estate
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aided school .
The Property Services Branch of Architectural Services Department is
responsible for providing a maintenance service to non-estate aided
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schools .
The need to keep premises safe and secure must be balanced against
promoting a comfortable and happy atmosphere in schools. This is not
an easy balance to achieve. School premises can be relatively crowded

Where there was liability …

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Refell v Surrey County Council – a pupil stretched out her
hand towards a swinging glass door as it was coming to her.
She was injured because the glass was not thick enough and
was not toughened, and the court said this was an obvious
danger.
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Ralph v London County Council – Pupils were playing in an
indoor hall that was divided by a large partition with glass
panels at a height of 3 feet. One pupil ran into the panels
and was badly injured.
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Ching v Surrey County Council – a child was injured because
of a hole in the surface of the playground.
14
Morris v Caernarvon County Council – a child caught her
fingers in a door that was heavy and too highly sprung.

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