Is School Liable For Damage?

[gdoug10]

My wife was sitting in her parked car near a school during school time (12:00) when 2 pupils started a fight, they slammed each other into the car causing some damage to the rear bumber and panel. They were completly oblivious to her but she managed to get them off but was quite shaken.

We have contacted the school about the incident and damage and there being less than helpful about either locating the boys or offering to pay for the damage.

Were going to get a quote from a local damage and it may be a simple case of popping the dents out and fixing the bumper back on and costing under £100, however if the bumper/panel need replacing the bill will run into £100's.
Either way I dont want to pay for the damage so can I take the school to small claims court?

[AliFlump]

Surely if children caused damage to a car the parents would be responsible as they are minors?

[EDDIE51]

I will be astonished if the police do anything other than tell you claim on your insurance . This is not criminal damage and in any case you would need a positive identification of the 2 boys , do you have that ?

[boxtops]

It's not criminal damage, there is no indication that the damage was deliberate. You're on a loser, I'm afraid - just claim on your insurance.

[phleb]

you are insured, go through insurance if it costs loads. How can 2 school kids cause that kinda damage. You sure your wife did'nt go mad on it herself. What was he doing sat outside the school?? you will have alot to prove.

[FredPuli43]

First, as said, it is not criminal damage. The mens rea, the mental element, that has to be proved is that the person intended to destroy or damage property or was reckless as to whether it was. The charge fails on both elements. The CPS would take the legally sound, and common sense, view that two schoolchildren fighting have no reason to think, if they did think, that a car bumper is going to be damaged; it is not a reckless act with regard to the property. 'Reckless' is to cover such cases as someone throwing a brick at a shop but damaging something in front of it; they may not have intended the damage ,or any damage, but anybody could see that there was a great risk of it. It was plainly forseeable.

if it's not criminal damage what is it? Nothing. Name me a provable offence. Affray? No: it has to alarm a person of reasonable firmness. Assault? Not if it's a consensual fight; you'd have to prove who the initial attacker was otherwise. It might be conduct which amounts to a breach of the peace at common law, for a bind over, but any justices' clerk would raise an eyebrow at that and both eyebrows if the parties are juveniles!

Face it. It's a non-starter as a civil or a criminal case.