Gow v. Glasgow Education Authority [1922] ScotLR 157 (22 February 1922)

Gow v. Glasgow Education Authority [1922] ScotLR 157 (22 February 1922)

The Education Authority is not required to provide constant supervision beyond that which a reasonable parent would provide. The accident was unforeseeable and not caused by the absence of an adult in the room. The pursuer's averments did not disclose a relevant case of negligence, and the action was properly dismissed.

Citation
[1922] ScotLR 157
Parties
Pursuer: Andrew Gow (as tutor and administrator-in-law for his pupil son Donald Gow); Defender: Education Authority of Glasgow
Jurisdiction
Scotland
Judgment Date
22 February 1922
Procedural Posture
Civil (reparation/negligence) / Appeal (reclaiming Note) From Dismissal at First Instance
Outcome
action dismissed; appeal refused; judgment for defenders
Legal Topics
Negligence, Duty of Care, Standard of Care, Liability of Education Authorities, Supervision of Children, Personal Injury
Tort Education Law Public Law Negligence Duty of Care Standard of Care Liability of Education Authorities Supervision of Children +1 more

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Parties

Andrew Gow (as tutor and administrator-in-law for his pupil son Donald Gow)

Pursuer

Education Authority of Glasgow

Defender

Procedural Posture

Civil (reparation/negligence) / Appeal (reclaiming Note) From Dismissal at First Instance

Legal Issues

  1. 1 Whether the Education Authority owed a duty to provide constant supervision of blind and sighted children during play in a hostel
  2. 2 Whether failure to provide such supervision constituted negligence
  3. 3 Whether the absence of supervision was the cause of the injury

Ratio Decidendi

The Education Authority is not required to provide constant supervision beyond that which a reasonable parent would provide. The accident was unforeseeable and not caused by the absence of an adult in the room. The pursuer's averments did not disclose a relevant case of negligence, and the action was properly dismissed.

Court Disposition

action dismissed; appeal refused; judgment for defenders

Orders

  • The reclaiming note is refused.
  • The interlocutor of the Lord Ordinary is adhered to.