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High Court considers extending duty of schools and local authorities to teachers exercising their safeguarding duties.

High Court considers extending duty of  schools and local authorities to teachers exercising their safeguarding duties.

Ed Williams and Rachel Barrett are representing Mr Camurat in High Court claims against his former employer for malicious falsehoods, misrepresentation, negligence and breach of contract. Mr Camurat worked as Head of Languages at a school falling within Thurrock Borough Council’s remit. Following an incident when he confiscated a mobile telephone belonging to an unruly pupil (who refused to relinquish it voluntarily) the school alleged that he had “assaulted” the pupil by pulling it from her hand. Despite the fact that the pupil was not hurt in any way, Mr Camurat was taken through disciplinary proceedings in which he was deemed to be “unsafe to work with children”.

Mr Camurat entered into a settlement agreement in respect to the termination of his employment but claims that his former employer breached the agreement and provided false information to the police, suggesting that he should never work with children again. He seeks to recover damages for loss of earnings and damage to his professional reputation.

The claims are legally significant in that they require the Court to consider the scope of a school and local authority’s duty of care in respect to the professional reputation of former teaching staff in an age where teachers are constrained in the methods through which they can impose discipline. Judgment in the trial has been reserved.

For more on this story please go to: http://www.dailymail.co.uk/news/article-2686340/Teacher-traditional-values-sues-school-branded-unsafe-work-children-confiscated-mobile-phone-pupil-used-lessons.html and monitor Cloisters’ website for updates on the outcome.

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