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Andrew Marr v Lambeth Borough Council

A claim for damages for negligence in educational provision amounted in reality to an action for breach of statutory duty in disguise or an action based on a general claim of inadequate teaching or even an inadequate educational system. As such allegations of negligence in relation to the claim were either not made out or to the limited extent that they might be made out had caused no loss.

9 June 2006

The claimant (M) claimed damages for negligence in educational provision against the defendants (D). M had been born in August 1982 and reached school-leaving age in 1998. M claimed that negligence had occurred at each of the three schools he attended from the age of eight until his permanent exclusion in February 1996. M claimed that following his exclusion the local education authority officers were negligent in failing to ensure that he remained on the waiting list for the defendant local education authority’s pupil referral unit. M did not obtain a place at that unit until June 1997. M submitted that he had special educational needs which related to his literacy difficulties and that those had not been recognised or dealt with in a reasonably competent way, with the result that he was functionally illiterate and was unable to pursue the type of further education or employment that his other abilities would have permitted. The defendants denied negligence or causation of loss a...

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