Negligence or just a mistake? What schools & colleges need to know

To succeed, a claimant must show:

• Duty of care – the professional owed them a duty of care
• Breach – the professional failed to act with reasonable skill and care, thereby breaching the duty of care owed
• Loss – they suffered financial or other loss as a result

This legal framework applies across sectors – but in the education sector, the relationships and expectations involved can make these claims particularly sensitive.

When might a school or college face a claim?

Claims against education providers are rare but not unheard of. They typically arise when a school or college provides specialist advice or services beyond general teaching. Examples include:

• SEN assessments – where a failure to identify or support a student’s needs leads to harm
• Safeguarding decisions – if a school fails to act on concerns or follows incorrect procedures
• Careers or academic advice – particularly in further or higher education
• Exclusion processes – if handled improperly, leading to reputational or financial damage

We’ve previously received enquiries from universities and colleges responding to complaints from aggrieved students – often PhD candidates – dissatisfied with the quality of teaching or supervision received. These situations raise the question: is it professional negligence, or a breach of contract for failing to provide services with reasonable care and skill?

In many cases, the distinction is subtle. A claim may be framed as breach of contract, especially where the institution has promised a certain standard of service. But the legal principles underpinning both types of claim are closely linked – and the risk of litigation remains.

When might a school or college bring a claim?

Education providers rely on external professionals – from architects (poor design or project management) and IT consultants (systems failures due to negligent implementation) to accountants and auditors (financial misstatements or compliance failures). If those professionals fail to deliver services to the required standard, and the school suffers loss, a claim may be justified.

For state-funded schools, academies and colleges, this often means safeguarding public funds, which are subject to scrutiny and accountability. For independent schools and private institutions, the focus may be on protecting fee income, charitable assets or private investment. In both cases, pursuing a claim can help ensure that professional advisers deliver services to the standard expected – and that the institution is not left bearing the cost of someone else’s mistake.

Acting on both sides

At Greenwoods, we support clients across many sectors, including education, both in defending professional negligence claims and in bringing them against external advisers. We help:

• Assess the strength of a claim or defence
• Preserve and review documentation
• Engage in early resolution where appropriate
• Represent clients in mediation or litigation

Our approach is pragmatic, proportionate and sector-aware – recognising the reputational and operational pressures education providers face.

Reducing the risk

To minimise exposure, schools and colleges should:

• Document advice and decisions – especially where specialist input is given
• Train staff – to understand professional responsibilities
• Review contracts – with external professionals to ensure clear terms and expectations are in place
• Maintain insurance – including professional indemnity cover
• Seek early legal advice – if a concern or dispute arises

If your school, college or university is facing a professional negligence issue – whether defending a claim or considering action against an adviser – our Disputes team can help. Contact us today for clear, practical advice tailored to the education sector.