An expert in child law has warned that Irish schools could be sued by students who have been educated in sub-standard buildings, writes Olivia Kelleher.
University College Cork law lecturer, Mr Frank Martin, has warned that children who have had to put up with poor sanitation, leaky roofs and damp classrooms are likely to sue schools in the coming years.
Mr Martin predicts that current secondary school students will take legal actions against their schools once they turn 18.
"This is an era of children's rights. They are not seen as malleable pawns any more. If the prisoners can take a case because they have to slop out then why not the students? It is not just about substandard schools. For example, a school can be sued if a dog comes in to the yard and bites a child. Legal action can be taken if a student is bullied by other pupils.
"Then you have things like suing because there was no hot water in the school toilets." The lecturer's comments come just days before the second national conference on "Schools, Education and Law" in UCC.
The conference on October 16th will bring together experts in the field to discuss the practical implications of the law for teachers, schools, boards of management, and education policy.
Mr Martin says schools are going to end up in legal hot water for a whole host of issues unless proper procedures are put in place.
For instance, schools are vulnerable to action if a student is injured/murdered on a school tour. Boards of management could also be sued if a student claims they were "psychologically damaged" or "harassed" by a teacher.
"Are science teachers afraid to have experiments with chemicals because of litigation? Can a rabbit be dissected in biology class without the fear that the student will sue the school for psychological trauma? If a student gets poor Leaving Cert results they can sue. If a school has a zero tolerance policy for drugs and a student is caught smoking a joint in a nightclub on a Saturday night, is the school responsible? There are so many things to consider."
There is no statistical analysis available in relation to cases taken against schools because many are settled before they ever reach the courts.
However, Mr Martin says members of the legal profession believe there has been a rise in litigation in recent years.
Mr Martin said schools are becoming more aware of health and safety requirements and the need for constant monitoring and updating of policies in relation to bullying and harassment.
Conference speakers will include Ms Emily Logan, Ombudsman for Children, and Judge Bryan MacMahon of the Circuit Court.