Story by Andrew Denholm, Education Correspondent, The Herald Newspaper.
Published on 22 Jan 2010

Teachers across Scotland are being warned about intervening in playground fights between pupils after a local authority refused to compensate a member of staff who was injured when she went to break up a scuffle.

Last night the Scottish Secondary Teachers Association (SSTA) said the decision had "huge consequences" for the maintenance of discipline at schools across Scotland.

It said staff might be "less inclined" to come between pupils if they felt they did not have the full support of their local authority employers.

The episode involved a 58-year-old female teacher at a special school in Glasgow, who was accidentally punched in the mouth when she stepped in to break up a fight between two pupils last year.

She has subsequently undergone dental surgery to repair teeth that were broken in the incident and has been left with a £2,500 bill.

The SSTA took the matter up on her behalf and wrote to Glasgow City Council asking officials to sanction payment for the dental bill since the injuries were incurred while she was at work.
However, Josephine Giblin, the council's senior claims officer, has written to the teacher advising her that the claim is invalid because there was no negligence on the part of the council.

"The council is self-insured in relation to claims of this nature and compensation can only be paid if the loss or damage occurs due to negligence on the part of the council," she said.

The council has also refused to sanction time off for the teacher to complete the dental work - even during her lunch hour.

Last night, Ann Ballinger, general secretary of the SSTA, said teachers needed to know where they stood with their employers in terms of compensation.

"Intervening in a fight can incur a considerable amount of risk to the member of staff, but teachers are prepared to do that because it is in the best interests of the pupils and the school.

"If teachers feel they do not have the full support of their local authority employers if they are injured in such an incident, then it puts school staff in a very difficult position where they may be less inclined to get involved."

The union is already contacting members in the city through a newsletter and now intends to write to all members with a warning.

The teacher has declined to comment on the issue because the terms of her contract prevent her from doing so unless sanctioned by the council. However, a family friend said she had been through a "difficult ordeal".

"It has been very tough for her. She is a very committed and enthusiastic teacher and this has been very stressful," the friend added.

A council spokeswoman said: "All claims are judged on their individual merits. Advice is given to staff to consider their own safety and not put themselves at risk or any danger in a particular situation.

"We take the safety of our staff very seriously."