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Elf & Safety - 01.09

Q. My daughter's school have cancelled a proposed trip to the Lake District and some parents have suggested this was because of Health & Safety concerns. Schools are so frightened of being sued these days that the children are wrapped in cotton wool. Isn't it about time compensation lawyers stopped encouraging parents to bring actions against schools?

A. Solicitors acting for compensation claimant's (including schoolchildren) are an easy target for politicians and the media. I wouldn't be surprised if they even get blamed for the cold snap which is forecast for this week. I can imagine the headline already, "School to ban snow as solicitor sues for boy who injures eye with carrot after running into snowman".

However, the reality of the situation does not justify the headlines. There are approximately 8.2 million schoolchildren in England and there were 399 successful claims in 2007/8 at an average of £4,700. These modest figures do not suggest that claims against schools are out of control. Clearly the vast amount of schoolchildren go to school and on school trips safely each day and just as clearly their schools are managing the risks to the children responsibly and proportionately.

That said, if a person is injured at work or at school and they approach a Solicitor for assistance with making a claim then they have every right to expect that solicitor to assist them and to pursue that claim properly and professionally and in accordance with the laws of this country; laws which have been passed by Parliament by the way, not by claims solicitors.

Thousands of school trips to the lakes are arranged and pass without incident every year. No doubt your daughter's school had very good reasons for cancelling their particular trip and I would suggest that you seek clarification of the reasons from them directly.

Should you have a queries regarding a legal matter please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.

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