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Student awarded $1.2 million after school gang-bashing

Compensation of $1.2m has been awarded to the victim of a beating outside Fairvale High School.(Bianca De Marchi/AAP PHOTOS)

By Alex Mitchell in Sydney

A student subjected to an unprovoked and lengthy bashing by 12 of his classmates has been granted $1.2 million in compensation.

The student at Fairvale High School, in western Sydney, was 14 years old when the other students prevented him boarding a bus on October 16, 2017.

The pack then walked him to a nearby park where footage taken on one of the students’ phones showed him being spear-tackled, kicked, punched and stomped in a lengthy beat-down.

Police found the footage of the assault on Instagram.

The student was left with serious ear, eye and skull injuries along with severe psychological damage.

The now-21-year-old sued NSW via his mother, alleging the state school owed him a duty of care and failed that by not monitoring the students as they moved towards the bus after class hours.

While the student who instigated the attack – known in court papers as XY – was known to have violent tendencies and had just returned from a related suspension, Fairvale did not conduct a proper risk assessment before he came back to school.

According to a Supreme Court judgment, one of the victim’s classmates told him XY wanted to speak to him.

He went back into the school and tried to seek refuge at the office, but it was closed, while calls from his mother to the school to warn them of the danger were diverted to the answering machine.

Justice Joanne Harrison found there were no teachers on bus duty who could have deterred the pack or intervened when they took the victim to the park to deliver the beating.

Other duty of care breaches included not keeping students safe from bullying, not keeping the school office open after hours for students who need safety and not protecting vulnerable students with physical or psychological issues.

The victim had been diagnosed with autism spectrum disorder in 2012.

“The severity and multitude of the breaches… were inconsistent with a primary duty of the school: to keep its students safe,” Justice Harrison wrote.

The judge dismissed the state’s argument it wasn’t liable for the assault because its duty of care didn’t extend outside school boundaries, or outside operating hours.

She awarded the student $1.2 million in damages for non-economic loss, future economic loss, past out-of-pocket expenses, future medical expenses and future attendant care.

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One Response to Student awarded $1.2 million after school gang-bashing

cbrapsycho says: 28 October 2024 at 7:53 am

It is about time schools were reminded of their duty of care to their students.

I am sick of hearing stories where the person being bullied is expected to change their behaviour and manage the situation, when they are clearly not capable of doing that. All too often they are disabled in some way or neurodivergent so less able to protect themselves.

Teachers and schools are in loco parentis and thus legally required to care for their students wellbeing and welfare. They used to do this but now seem to disregard their responsibility to keep students safe. Yes teachers are overloaded but this is about the principal and teachers getting their priorities right, whilst being supported to do this.

The rise in bullying in our schools and workplaces is because those needing support and help to protect themselves are not getting it. Also our society seems to reward those who bully, manipulate and exploit others as we see in our parliament.

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