advice please NSC regarding my sons school

[Hampden Park]

my son went to school wearing his swatch watch. He had P.E. so he correctly handed in his watch to a teacher. the teacher placed the watch (along with many others) into a box. When he went to collect his watch after the lesson had finished, his watch, along with one of his mates watches were not there.
not very happy about this, I complained. the school did an investigation and it transpires that an outsider (member of the public? volunteer?) got the box and offered the contents to the pupils to take out their watches from the box, not knowing who's watch was who's. my sons watch and his mates watch were taken (obviously by some scrote) by another pupil/s. upon further investigation and questions to and from the school the head teacher has now deemed that my son should not be coming to school wearing an £80 swatch watch and that he should have been wearing one that was worth less. the school has offered a poxy sum of £25. not happy. what, if anything, can I do legally? over to you NSC. (not for the grammar police btw).

 

[Vegas Seagull]

Write a claim for £80 & ask them to pass on the the schools insurers

 

[Cheshire Cat]

Sue them

 

[dougdeep]

A watch? Thou were lucky. When I went to skool...

 

[Hampden Park]

Write a claim for £80 & ask them to pass on the the schools insurers

they have contacted their insurers and their excess is more than the 2 watches were worth. the offer of £25 is a cop out.

 

[Hampden Park]

A watch? Thou were lucky. When I went to skool...

I know, my sundial was effing heavy.

 

[Hampden Park]

Sue them

can't stand the head teacher. not a bad idea but that would cost me wouldn't it?

 

[ozseagull]

This is a tricky one. I can see where the school are coming from. A pupil shouldn't really be wearing an £80 watch to school as accidents happen etc etc.

However this is very different. The watch was placed into the care of one of the schools members of staff and it was their negligence that has caused its loss.

The teacher/ school are responsible. They should agree to pay out if you can provide some form of receipt. If they do pay out expect a letter to all parents along the lines of the school cannot accept liability in future bla bla bla.

Put your request in writing, keep pushing. Bottom line is their fault, they should pay

 

[bluenitsuj]

Did your son have a locker?

 

[binky]

I'm no legal expert, but think the school is in the wrong here, and their offer of recompense is acknowledgment of that.
Unless there is some written policy setting out the appropriate value of items take to school, I see no reason why you should accept less than the proper value.
I'd be looking to the small claims court. In my experience, (three successfull claims), the first summons to hit their desk results in a settlement.

 

[Hampden Park]

This is a tricky one. I can see where the school are coming from. A pupil shouldn't really be wearing an £80 watch to school as accidents happen etc etc.

However this is very different. The watch was placed into the care of one of the schools members of staff and it was their negligence that has caused its loss.

The teacher/ school are responsible. They should agree to pay out if you can provide some form of receipt. If they do pay out expect a letter to all parents along the lines of the school cannot accept liability in future bla bla bla.

Put your request in writing, keep pushing. Bottom line is their fault, they should pay

totally agree Oz. I suppose they do have a point but I have had run ins with his school before as they are sticklers for uniformity. again I don't mind that but my son broke his metatarsal bone in his foot and he has to wear plain black soft leather trainer come shoes which cost us a fortune. should they go missing after P.E. would they give us the money for them? doubt it eh.

 

[Cheshire Cat]

I wouldn't have thought £80 was not that expensive for a reasonable watch these days, so I think the head-teacher's comment is irrelevant. Even the cheap swatches are more than £25
http://shop.swatch.com/GB/EN/Watches/Originals/collection_Gent-S11.aspx

 

[Hampden Park]

Did your son have a locker?

no blue, valuables are collected in the box and placed in the staff room.

 

[ozseagull]

Also as mentioned by them offering £25 they have already implied that they accept responsibility. This is a mistake on their part. You letter should make mention of this. Nothing less than the cost of a replacement.

 

[Goldstone1976]

I think it depends on what they said when they offered you £25. Critically, did they accept liability (or were silent, which would probably indicate acceptance of liability) or did they explicitly exclude liability (e.g. by saying the offer was an ex-gratia or goodwill gesture)?

If the former, you've already achieved the harder and more important issue: they've acknowledged it's their fault. Now you're simply arguing about an adequate level of compensation. If the watch is £80, then they owe you £80 (unless they can point to a school rule that says something about the maximum value of watch that should be taken to school).

The situation if the latter is true is harder, since you first have to get them to accept liability. I'd have thought they'd have a tough time denying liability, personally.

Steps:

1) Talk again to the Head.
2) If unsuccessful, decide whether you want to make a fuss (It'll possibly negatively affect your child's education if you take them on. It shouldn't, of course, but teachers are only human too. Piss off the Head, and you risk them seeking revenge....)
3) If you do - try the small claims court - it's pretty much free.

Unless there is a clear policy about the value of watches/jewelry that can be taken into school (if there is, and it's under your value of £80, you lose); I'd have thought you'd have a very good chance of winning. Ultimately, only you can decide whether it's worth the effort and the risk of pissing them off for £55 (£80-25)...

Hope that helps.

 

[Hampden Park]

I'm no legal expert, but think the school is in the wrong here, and their offer of recompense is acknowledgment of that.
Unless there is some written policy setting out the appropriate value of items take to school, I see no reason why you should accept less than the proper value.
I'd be looking to the small claims court. In my experience, (three successfull claims), the first summons to hit their desk results in a settlement.

thanks binky, I have got to ring the school tomorrow and speak to the deputy head. I will drop it in the conversation that I will be seeking legal advice. small claims court may well be getting a call/visit.

 

[wellquickwoody]

they have contacted their insurers and their excess is more than the 2 watches were worth. the offer of £25 is a cop out.

As you wrote, 'their excess' not yours.

 

[Cheshire Cat]

can't stand the head teacher. not a bad idea but that would cost me wouldn't it?

£25 - but you can threaten to sue first based on their negligence - ask for exempliary damages.
https://www.gov.uk/make-court-claim-for-money/overview

 

[Hampden Park]

I think it depends on what they said when they offered you £25. Critically, did they accept liability (or were silent, which would probably indicate acceptance of liability) or did they explicitly exclude liability (e.g. by saying the offer was an ex-gratia or goodwill gesture)?

If the former, you've already achieved the harder and more important issue: they've acknowledged it's their fault. Now you're simply arguing about an adequate level of compensation. If the watch is £80, then they owe you £80 (unless they can point to a school rule that says something about the maximum value of watch that should be taken to school).

The situation if the latter is true is harder, since you first have to get them to accept liability. I'd have thought they'd have a tough time denying liability, personally.

Steps:

1) Talk again to the Head.
2) If unsuccessful, decide whether you want to make a fuss (It'll possibly negatively affect your child's education if you take them on. It shouldn't, of course, but teachers are only human too. Piss off the Head, and you risk them seeking revenge....)
3) If you do - try the small claims court - it's pretty much free.

Unless there is a clear policy about the value of watches/jewelry that can be taken into school (if there is, and it's under your value of £80, you lose); I'd have thought you'd have a very good chance of winning. Ultimately, only you can decide whether it's worth the effort and the risk of pissing them off for £55 (£80-25)...

Hope that helps.

thanks goldstone, just spoke to the better half as she took the call from the school. the offer was £25 without prejudice (sp?). is that basically saying that here's 25 quid and shut the ffff up as we are not admitting any guilt?

 

[Hampden Park]

£25 - but you can threaten to sue first based on their negligence - ask for exempliary damages.
https://www.gov.uk/make-court-claim-for-money/overview