The “appalling” assault on the then 14-year-old was filmed and posted to Instagram, a NSW Supreme Court judge said.
A former Sydney student who was subjected to an “appalling” assault by a dozen fellow pupils, which was filmed and posted to Instagram, will receive more than $1 million in damages for negligence from the state of NSW.
“To avoid the assault, he had gone back into the school grounds to seek help from the school office, but it was unattended,” the judge said in a decision on Friday.He “then messaged his mother, who at 3.26pm attempted to call the school and warn it of the impending danger. Twice her phone call was diverted to an answering machine.”
“In analysing the scope and nature of the duty of care, the various guidelines of the Department of Education … set out that the duty of care owed in respect of high school students does extend to after school hours and beyond school grounds,” Harrison said. The judge found the school owed a duty of care “to keep students safe from being bullied and assaulted by other students” and “to perform a proper risk assessment to school students who have been granted a long suspension before allowing them to return from that long suspension”.
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