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Annie Woodland wins landmark case over near drowning Annie Woodland wins landmark case over near drowning
(35 minutes later)
A woman who almost drowned in a school swimming lesson 12 years ago has won a landmark case at the Supreme Court.A woman who almost drowned in a school swimming lesson 12 years ago has won a landmark case at the Supreme Court.
Annie Woodland was a pupil at Whitmore Junior School in Basildon, Essex, when she had to be resuscitated in 2000. She suffered severe brain damage.Annie Woodland was a pupil at Whitmore Junior School in Basildon, Essex, when she had to be resuscitated in 2000. She suffered severe brain damage.
A claim for £3m damages was rejected in 2011 and upheld by the Court of Appeal last year. A claim for £3m damages was rejected in 2011 and that decision was upheld by the Court of Appeal last year.
She has now won a ruling that paves the way for her to pursue compensation from Essex County Council. The latest ruling now paves the way for her to pursue compensation from Essex County Council.
At previous hearings, lawyers argued that Essex had a non-delegable duty of care "in the capacity loco parentis". Her lawyers argue that the county council had a non-delegable duty of care "in the capacity loco parentis".
'Chilling effect''Chilling effect'
When the case was dealt with in the Court of Appeal, Lord Justice Tomlinson and Lord Justice Kitchin said that in all the circumstances, it would not be fair, just or reasonable to impose the non-delegable duty upon the authority. When the case was dealt with in the Court of Appeal, Lord Justice Tomlinson and Lord Justice Kitchin said it would not be fair, just or reasonable to impose the non-delegable duty upon the authority.
Lord Justice Tomlinson said the imposition of such liability would be likely to have a chilling effect on the willingness of education authorities to provide valuable experiences for their pupils.Lord Justice Tomlinson said the imposition of such liability would be likely to have a chilling effect on the willingness of education authorities to provide valuable experiences for their pupils.
The county council was obliged under the National Curriculum to provide its pupils with swimming lessons and it organised regular lessons at a local pool owned by Basildon Council.The county council was obliged under the National Curriculum to provide its pupils with swimming lessons and it organised regular lessons at a local pool owned by Basildon Council.
The swimming lessons were contracted out.The swimming lessons were contracted out.
'Duty to pupils''Duty to pupils'
Lawyers acting for Ms Woodland argued that the school owed her a duty of care covering all mainstream activities, which applied even where third parties were contracted to provide teaching. Lawyers acting for Ms Woodland, who now lives in Blackpool, argued her school owed her a duty of care covering all mainstream activities, which applied even where third parties were contracted to provide teaching.
The issue before the Supreme Court justices at a hearing in July related to the criteria to be applied in "determining the circumstances in which a school's duty to its pupils under the National Curriculum can be delegated".The issue before the Supreme Court justices at a hearing in July related to the criteria to be applied in "determining the circumstances in which a school's duty to its pupils under the National Curriculum can be delegated".
Ruling that the local authority owed a "non-delegable duty of care", Lord Sumption said parents were required to entrust their child to a school and had no influence over arrangements a school may make to delegate or over the competence of "delegates". In his ruling released on Wednesday, Lord Sumption found that the local authority owed a "non-delegable duty of care".
He said parents were required to entrust their child to a school and had no influence over arrangements a school may make to delegate or over the competence of "delegates".
He concluded that if third parties were found to be negligent Essex County Council would be in breach of a duty of care.He concluded that if third parties were found to be negligent Essex County Council would be in breach of a duty of care.
Lady Hale said the decision was a "development of the law" and avoided the "unsatisfactory possibility" that one child could sue but another could not.Lady Hale said the decision was a "development of the law" and avoided the "unsatisfactory possibility" that one child could sue but another could not.