There is no absolute duty to supervise children at all times. There is no fixed and predictable teacher-student supervisory ratio.
There is no ratio of safe supervision, and each case will depend on its facts, including the age of the children, the total number of children, the activities in which the children are participating, the intellectual capacity or handicaps of the children, the potential hazards of the event and experience of the behaviour of the children.
If children are allowed into a school ground, there is a duty of care established, and some level of care (and usually, supervision) becomes necessary.
If exceptional circumstances of risk are known (or ought to be known) to the school authorities, then the duty of care and the need for supervision may extend beyond the school ground.
For example, when a student waits at a bus stop, and it is known that students from another nearby school have a habit of bullying younger students, an injured student’s school was held liable after the student was pelted in the eye with a stick.
In circumstances where it is known that the children will be on the school grounds before and after school hours, the school may be liable for non-school-hours injuries.
To recover damages for inadequate supervision, it is necessary, in addition to negligence, to prove that an increased level of teacher supervision to a reasonable level would have been likely to have prevented the injury.
If you are not sure if your University & School Injury Claims are worthwhile, contact our Public Liability Lawyers, and we will help assess your needs and eligibility for our no-win no-fee service.