QB-2022-002971 - [2025] EWHC 2445 (KB)

Conclusion

For the reasons set out at [86] to [102] above, the Claimant’s claim succeeds on Issue 1. In my judgment, the Defendant school acted negligently, in breach of its duty of care to the Claimant, in failing to inform the Claimant’s parents timeously on, or shortly after, 30 September 2019 that the Claimant had admitting to the school nurse that she had taken “some drugs” the previous day, had been observed by the nurse to have “paranoid and manic symptoms” which were suspected to be a result of that admitted drug use, and had been taken to hospital to be checked as a result. The school gave the Claimant’s parents misleadingly incomplete information about this incident and about the injuries which the Claimant had sustained as a result. In light of the agreement reached by the parties during the course of trial, causation and quantum are not in issue.

The Claimant’s case on Issue 2 is dismissed for the reasons set out at [103] to [118] above: the Defendant school did not act in breach of its duties of care to the Claimant, in my judgment, in relation to its treatment of the Claimant’s additional needs and/or its response to the guidance it had received from the Claimant’s psychologist.

The Claimant’s case on Issue 3 is dismissed for the reasons set out at [120] to [146] above: in my judgment the Defendant school did not act in breach of its duties in relation to either the alleged systemic failure on the part of the school to prevent access to, and use of, illicit drugs by students at the school, including the Claimant, between September and November 2019 and/or the alleged failure to supervise and take care of the Claimant over the weekend of 27-29 September 2019 in particular.

Accordingly, there will be judgment for the Claimant on Issue 1 with damages agreed in the sum of £60,000 for general damages and £85,000 for special damages, inclusive of interest.

I am very grateful to both counsel for their helpful submissions and for the manner in which they both conducted the trial.