Woodland v Essex County Council [2013] UKSC 66, [2013] All ER (D) 252 (Oct)
Supreme Court, Lady Hale DP, Lord Clarke, Lord Wilson, Lord Sumption, Lord Toulson SCJJ, 23 Oct 2013
The duty of care owed by a school to children undergoing swimming lessons inside school hours is non-delegable.
Christopher Melton QC and Ian Little (instructed by Pannone LLP) for the appellant. Steven Ford QC and Adam Weitzman (instructed by Essex County Council Legal Services) for the authority.
The appellant attended a primary school which was under the control of the respondent local education authority. Pupils had swimming lessons in school hours. The appellant and members of her class went to the pool, accompanied by a class teacher, H. The group to which the appellant was assigned was taught by a swimming teacher, B. Also in attendance was a lifeguard, M. Neither B nor M were employed by the school and their services had been provided to the authority by S, who was an independent contractor who carried on an unincorporated business, DSS, and had contracted with the authority
