MXX v A Secondary School [2023]

Background:

The claimant was a 13-year-old schoolgirl who had been sexually assaulted by a former pupil who had undertaken work experience for one week at the school. The school gave guidance for safe working practices which outlined that there was a prohibition on the exchange of social media messages. After the work experience ended, the work experience student and the claimant communicated on social media.  It was some months later the work experience student committed the acts of assault and battery against the claimant. He was charged and pleaded guilty to the counts of sexual activity with a child. The claimant argued the school was vicariously liable for the assaults and