Skip to content

General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

No Win No Fee

Think you have a claim? Time limits apply, so get a free case review from Edward & Amaury Solicitors today.

Start your claim

School and Playground Accident Claims

England & WalesLast reviewed 18 September 2026

Schools owe pupils a duty of care, including a non-delegable duty for activities they arrange, and councils and operators owe visitors to play areas a duty to keep them reasonably safe. A child's claim usually has until three years after their 18th birthday, and any settlement needs court approval.

The School's Duty

Direct Answer: A school must take reasonable care for its pupils' safety, and the Supreme Court held in Woodland v Essex County Council that it cannot delegate that duty to a contractor for activities arranged during school time.

Schools are not expected to prevent every knock or fall, and children being children means minor accidents are common. A claim needs a failure, such as inadequate supervision for the age and activity, an unsafe playground surface, faulty equipment, poorly run PE or a known risk that was ignored.

Playgrounds and Council Play Areas

Councils, schools, nurseries and private operators owe visitors, including children, a duty under the Occupiers' Liability Act 1957 to keep play areas reasonably safe. Regular inspection, maintenance, safe surfacing and equipment that meets recognised standards are the questions asked. Photographs of the equipment and injury site, before repairs, are valuable evidence.

How a Child's Claim Works

A parent, guardian or other litigation friend brings the claim on the child's behalf. Time does not run against a child, so the child can bring their own claim until three years after their 18th birthday, although it is usually sensible to claim earlier while evidence is fresh. Any settlement must be approved by the court to make sure it is in the child's interests, and the money is usually held in a court funds account until the child is 18.

Frequently Asked Questions

Can I claim if my child was hurt at school?

Yes, if the injury was caused by the school's failure to take reasonable care, such as poor supervision or an unsafe environment. A normal childhood accident with no fault is not enough.

Who is responsible for school trips and outside providers?

The school's duty for activities it arranges is non-delegable, so it can be liable even if an outside provider ran the activity, following Woodland v Essex County Council.

How long do we have to claim?

A parent can claim at any time while the child is under 18, and the child can claim until three years after their 18th birthday. It is still better to act sooner while witnesses remember.

Does the court have to approve a settlement?

Yes. Any settlement for a child must be approved by the court, which checks it is fair and decides how the money is held.

Can we claim for an injury in a public playground?

Yes, if the operator, often the council, failed to take reasonable care, for example by not repairing damaged equipment or providing safe surfaces.

Can I bring a public liability claim on a no win no fee basis?

Usually, yes. A Conditional Fee Agreement means you pay no solicitor fees if the claim fails, and QOCS normally protects you from the other side's costs. If it succeeds, a success fee capped at 25% of general damages and past losses is deducted from your damages. Ask about disbursements such as medical reports before you sign.

You May Also Be Interested In

Public Liability

Claims by visitors and members of the public

Read more

Council & Local Authority Claims

Claims for injury on council-controlled land and roads

Read more

Slip, Trip & Fall Claims

Claims under the Occupiers' Liability Acts

Read more

Sports Injury Claims

When a sports injury is claimable

Read more

Brain Injury Claims

Serious head injury compensation

Read more

More guides on this topic

Food Poisoning Claims

You can claim for food poisoning if you can show it was caused by food supplied by a business that failed to follow safe food handling, and that yo…

Read more

Hotel, Gym and Leisure Accident Claims

Hotels, gyms and leisure venues must keep premises reasonably safe and perform services with reasonable care and skill.

Read more

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.28 (extension for disability)

    Time does not run while a person is a child or lacks capacity to conduct proceedings. For a child's personal injury claim the three years generally starts on their 18th birthday.

  7. Woodland v Essex County Council [2013] UKSC 66

    A school authority owes a non-delegable duty of care to pupils for activities it arranges during school time, so it cannot escape liability by pointing to an independent contractor's negligence.

  8. Occupiers' Liability Act 1957

    The 'common duty of care' an occupier owes to lawful visitors — the basis of most slip, trip, shop and public-place accident claims.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Edward & Amaury Solicitors what happened and get a free, no-obligation review of your situation.

  • Free, no-obligation case review: you decide what happens next
  • Many claims are handled on a no win, no fee basis if the firm accepts your case
  • Takes about two minutes, and you can start with just the basics

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.