H v The Crown Prosecution Service (CPS)

H v The Crown Prosecution Service (CPS)

Teachers at special needs schools do not impliedly consent to assaults by pupils; criminal law applies and teachers retain the right to report assaults to the police.

Parties
Claimant: H; Defendant: CPS
Jurisdiction
England and Wales
Judgment Date
14 April 2010
Procedural Posture
Criminal Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Implied Consent, Common Assault, Special Schools, Public Policy, Reporting Assaults
Criminal Law Implied Consent Common Assault Special Schools Public Policy Reporting Assaults

Case Brief

Summary, issues, holding and outcome

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Parties

H

Claimant

CPS

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether a teacher at a special needs school impliedly consents to violence from pupils
  2. 2 Applicability of contact sports principles to school assaults
  3. 3 Appropriateness of criminal prosecution for pupil assaults

Ratio Decidendi

Teachers at special needs schools do not impliedly consent to assaults by pupils; criminal law applies and teachers retain the right to report assaults to the police.

Court Disposition

Appeal dismissed

Orders

  • Questions posed by the justices answered in the negative