Jane is a teacher of children with special needs. Jane’s employer is the Local Education Authority and due to cut backs in the authority’s budget, Jane’s class size has increased from 15 children to 18. Jane feels she can no longer cope and has informed the head teacher of this. The head teacher explains that although he accepts that 18 in a classis really too many, particularly as the children have special needs, there is nothing he can do. Jane is told that “everyone must soldier on as best they can,especially during a recession. After all, we’re all under similar pressure!”Jane tries hard to manage but eventually she suffers a nervous breakdown and is off work for three months.
Dave, is a caretaker at the school. He used to carry 15 heavy books each day from the storeroom to Jane’s classroom about 100 metres away from the store. On this occasion, however, Jane asks him for 18 copies of the book and in lifting them the extra weight has caused him to suffer a back injury for which he has to take three weeks off work.
It is now the 20th May 2014.
Poppy, a young teaching assistant, entered Sam’s chemistry lesson and stood at the backof the classroom.The head teacher had invited her to join in any class she chose, when she was not acting in her role of assistant, in order to observe the range of teaching skills. She went into Sam’s class as she’d heard that the children had great fun watching Sam doing his experiments.
In the meantime, ‘Sam’, a very experienced chemistry teacher, caused a minor explosion whilst demonstrating a somewhat complex chemical process. He suffers acid burns to his hands which would have been protected if only he’d worn the gloves provided. This is a matter which the head teacher had commented about several times in the past.
Whilst Sam was distracted and busy running his hands under the cold water tap, Poppy thought she’d keep the children occupied by continuing with the experiment. Through her own carelessness,Poppy causes another more serious explosion and suffers severe burns to her face and arms. Sam looks on in horror. There was genuinely nothing he could have done in the circumstances to stop Poppy apart from scream a warning to her which was too late.
Nevertheless, Sam blames himself for what happened. Later, Sam suffers from nervous shock and is unable to continue working.
Poppy had been reprimanded by the head teacher on a previous occasion. A few weeks ago, she placed a bucket of water on top of a classroom door hoping to catch the supply teacher, whom Poppy did not like very much. Mr James, the supply teacher, was hit on the head with the bucket, slipped and broke his arm. The head teacherhad questioned with other experiencedstaff, Poppy’s competency but decided, after giving her a warning, that this was a sufficient reprimand. The head teacher took no further action against Poppy.
Dave the caretaker was sent to clean up the mess in the laboratory. He places the bottles of chemicals back on the shelves but notices none of them are labelled. Instead the places where the bottles are kept are labelled and only Sam knows what is contained in each bottle. Dave having no idea where to place the bottles simply fills in the gaps on the shelves. Dave is so hot doing the work that he faints and hits his head on the laboratory table and is taken to hospital suffering from concussion. The staff, once again, have to remind the head teacher of the previous complaints made to him about the heat in the lab and lack of ventilation especially as the windows have been sealed to stop children from leaning out of them.
Jane having returned to work finds that her workload has increaseddramatically. She has also learned that the supply teacher who was
appointed to take her classes has left the school leaving a large amount of homework for Jane to mark and a backlog of administrative work. He was also helped in class by a teaching assistant who has now also left.
Jane asks for another assistant but the head teacher, fearing legal liability from staff already injured, claims that there are insufficient funds to provide one and Jane must continue to “soldier on.” Jane suffers another nervous breakdown and leaves her employment permanently.
Answer ALL of the following:
With reference to relevant civil case law, advise Jane, Sam, and Mr James as to whether, or not, they should pursue a claim in the tort of negligence against their employer, the Local Education Authority.
With reference to relevant criminal health and safety laws and regulations, give an appropriate explanation of applicable laws relating to Dave’s injuries, and advise Dave on the actions the school should have taken to prevent his injuries and include a discussion on current reporting requirements.
In respect of Dave, set out the principal offence for breach of health and safety regulations, state which enforcement authority will be responsible for enforcement in this situation, and indicate the likely enforcement action that the enforcement officer will undertake to resolve the issues Dave has faced. Finally, assuming there is a prosecution what are the likely maximum penalties for breach of the regulations in the Magistrates Court (summarily) and in the Crown Court (indictment).