Education chiefs’ £500 payout to a teacher hurt restraining a pupil cost £60,000 in legal fees

By
Jason Groves, Political Correspondent

Last updated at 3:48 AM on 30th December 2011

Changes: Justice Secretary Kenneth Clarke is keen to reform the no-win, no-fee system

Changes: Justice Secretary Kenneth Clarke has unveiled proposals to reform the no-win, no-fee system

Education bosses ordered to pay £500 to a teacher injured while restraining a pupil were landed with a legal bill of more than £60,000 for that single case.

This example is one of the most disturbing discovered as a Daily Mail investigation revealed a growing ‘compensation culture’ in the classroom.

Freedom of Information requests disclose that councils across England are being  bombarded with claims from teachers, often for trivial injuries.

But, in many cases, the compensation  payments are dwarfed by the legal fees run up by solicitors.

Anecdotal evidence suggests that teachers, often backed by their unions, are taking on no-win, no-fee lawyers to bring even the most speculative claims.

Last night ministers were urged to clamp down on the practice amid warnings it was having a ‘chilling effect’ on schools and other public services.

Our survey suggested that councils paid out an estimated £6.7million as a result of claims by teachers last year.

But for every pound paid as compensation, another £1.25 went on lawyers and legal fees.

In one of the worst cases, North Lincolnshire Council paid £500 compensation to the teacher hurt restraining a pupil, but the authority also had to pay a bill for costs of £61,464.

How the lawyers cash in

A spokesman said fighting the claim in court had led to a big drop in the payout because of ‘contributory negligence’ but acknowledged it had resulted in much higher legal bills.

In another case, Wirral Council, Merseyside, paid £2,000 to a  member of school staff who stubbed their toe on a box but then faced a bill for costs of £14,300.

Walsall Council in the West  Midlands paid £1,500 to a teacher who suffered a strain falling over at school but had to pay £14,888 in costs linked to the claim.

In Southend-on-Sea, Essex, the council sanctioned a £13,500 payout to a teacher who was assaulted by a special needs pupil yet the bill for legal costs was £75,800.

In Dorset, a school employee was awarded £1,650 after slipping on posters left on the floor. Legal costs totalled £11,000.

In March, Justice Secretary Kenneth Clarke unveiled proposals to reform the no-win, no-fee system.

Call for action: Tory MP Philip Davies

Call for action: Tory MP Philip Davies

But last night, Tory MP Philip Davies said ministers may have to go further.

‘This is becoming a massive problem,’ said Mr Davies.

‘Taxpayers’ money we can ill afford is being diverted from frontline services to fund a growing army of lawyers.

‘The Government has to find a way of scaling back this compensation culture. That will require clamping down on the activities of no-win, no-fee lawyers.

‘It is quite wrong that people are able to pursue claims – some  dubious at best – without any risk to themselves.

‘This problem is not limited to the education sector. It is having a chilling effect right across our  public services.’

John O’Connell, research director of the TaxPayers’ Alliance, said: ‘It’s particularly frustrating that lawyers are ramping up charges way above the pay-out itself.

‘Sadly there is a growing compensation culture. It’s disappointing that big payments are often made for seemingly little more than everyday accidents, wasting taxpayers’ cash and making staff paranoid about carrying out their jobs.’

In total, 130 of the 152 education authorities in England responded to a survey about cases in the last year. They revealed the total of  compensation and costs was £5.8million.

When estimates for the other 22 councils are factored in, the overall total of successful compensation claims and costs comes to £6.7million. There were just over 400 successful claims for compensation, with the average cost to councils of £16,600 each.

Yet of that cash, the injured teacher collected £7,300 while legal fees amounted to £9,300.

David Bott, president of the Association of Personal Injury Lawyers, accused councils of pushing up fees by refusing to settle claims earlier.

‘The remedy is for defendants to put their own house in order. They need to stop dragging their heels admitting liability and agreeing settlements,’ he said.

But Government sources said councils were right to fight unjustified or excessive claims.

Here’s what other readers have said. Why not add your thoughts,
or debate this issue live on our message boards.

The comments below have not been moderated.

Solicitors are worse than bankers, an utter disgrace. The plonky teacher that brought this case should be sacked on the spot as an incompetent and this case illustrates a classic example of the ridiculous drive to get rid of corporal punishment in schools and its aftermath. Whoever came up with such a numpty idea needs locking up!

It was Joseph Goebbels who said that if a lie will always be accepted as the truth it it is repeated often enough. ‘Compensation Culture’ and ‘Greedy Lawyers’ a prime examples of that maxim so embedded in the consciousness that it is believed without question. Firstly, Governments do not like inconvenient judgements and in this and other areas, such as employment law, they are systematically attempting to restrict access to the courts by ordinary people. Secondly, Lawyers who lose cases do not get paid. They more often than not seek to resolve disputes by negotiation rather than court action which often result in settlement well below the actually loss to the client. Thirdly, it is not public funds that are paid out, rather, it is the compulsory liability insurance that pays out. So who stands to benefit by restricting access to the courts? Who benefits by propagating the myth of the ‘compensation culture’. The claimant or the Insurance industry?,

Teachers should not be expected to use force on unruly children. Employ bouncers and you will see a swift end to the nonsense.

Do away with the lawyers and apply common sense!

Dave of Weybridge, you have just proven the fallacy of your argument. You had a valid claim, you won and the other side paid your costs of £47,000. This on a no win no fee agreement. Regardless of this agreement, the defendant would have paid your costs because you won. No win no fee agreements consist of an Insurance Policy, purchased after the Event, a contradiction of Insurance Principals. These Policies, introduced by Insurers eager for Premium Income have fueled our compensation culture. Lawyers are protected both ways. As usual the only winners are the Legal ‘profession’, the shadiest institution in town. Outlaw such Policies and return to normality. Only those with provable cases will sue, safe in the knowledge that their costs will be met by the loser. Chancers will think twice.

” it is having a chilling effect right across the public sector”
Maybe the answer is not to clamp down on no win no fee which in efect could restrict the access of thousands to justice but to make it clear through the justice system that attacks on anyone doing their job public or private sector will not be tolerated. Maybe politicians should be more careful about the language they use when talking about public sector workers maybe instead of calling them degoratory names to make a political point they should use more intelligent arguments.
I work in the NHS and a couple of years ago I was assaulted by a patient who thought it would be “funny” to trip me up sending me flying across a waiting room as a result I injured my shoulder and am now not able to lift that arm up so restricting me in what I can physically do, i didnt sue because my Trust went out of their way to help me recover, because they have a policy of helping staff assaulted at work

try that here,you have to pay up front and it could take,and probably will,years to get
a trial.

The maximum lawyers fees that should be awarded against the defendant should be the same as the value of the settlement. Anything more should be up to the claimant to pay. That should go a long way to stopping so many clearly dubious claims whilst still allowing genuine claims.

Solicitors and barristers are raking it in. Jobs for the boys of course. About the teacher. There isn’t another profession, were your physically and verbally abused on a daily basis, when it’s not in your job description.

This article indicates the debased conditions in English schools. One has to ask what has gone wrong?

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