An Essex teaching assistant left with permanent physical injuries after being assaulted at work is calling for better protection for staff working in SEN schools. 

In 2021, Laura was repeatedly struck on her dominant right wrist by a pupil whose unpredictable and physically aggressive behaviour was already known. She was left with permanent damage, which causes constant pain and reduced strength and movement in her wrist and hand. 

The injury has changed every aspect of her life. She now relies on others for tasks she once managed independently and can no longer ride horses, a lifelong passion. She also continues to experience anxiety linked to the assault. 

Following her ordeal, she turned to her union, UNISON, for support and, through them, accessed the specialist legal services of Thompsons Solicitors, who brought a claim against her employer, Essex County Council, on her behalf.  

At a County Court liability trial which took place this summer, the court heard that staff were assaulted regularly and had repeatedly reported the risks to senior management. Policies were not followed, risk assessments were neither up to date nor comprehensive enough to reflect the behaviour staff were facing in the classroom, and staff were not provided with adequate training, support or safeguards to keep them safe. 

Evidence was also heard that after Laura was injured, the pupil’s care plan was amended so trained staff could use restraint where necessary to prevent harm. Laura’s lawyers argued that this safeguard should have been put in place sooner. 

The judge found that Essex County Council had failed to take reasonable steps to protect Laura from a foreseeable risk of injury and was ordered to pay £92,500 in compensation for her physical and psychological injuries. 

Laura said: “This injury has had a devastating impact on my life. I live with constant pain, I’ve lost much of my independence and I can no longer ride horses, which had always been such a big part of my life. But the psychological impact of what happened at work has stayed with me too. 

“We were being physically assaulted and injured on a regular basis, and yet we felt there was no support there to protect us. We repeatedly raised our concerns with senior management, both verbally and in writing, but we weren’t listened to. We were expected to keep going in an environment where we constantly felt on edge and unsafe. 

“What is particularly difficult to accept is that the risks were known. We were doing everything we could to support and protect the children, but nobody seemed to be looking out for us. 

“This is not about blaming a child. Children with additional needs deserve the right care and support, but the staff caring for them need to be protected too. We repeatedly raised concerns, yet we weren’t listened to and were left working in unsafe situations. 

“I hope what happened to me leads to change. Staff safety cannot be an afterthought. When concerns are raised, they must be taken seriously and acted on before someone gets hurt.” 

Vincent Reynolds, Partner and Head of the Workplace Assaults team at Thompsons Solicitors, said: “This case was about an employer’s duty to act where risks to staff were already well understood. The court found that reasonable steps had not been taken. 

“Supporting pupils and protecting staff are not competing responsibilities. Where there is a known risk of physical aggression, employers must assess it properly, train and support staff, and put effective safeguards in place before someone is injured.” 

A UNISON spokesperson said: “Teaching assistants provide vital support to help thousands of children through the education system. 

"Employers must take their responsibilities to staff seriously so staff feel safe in their workplaces. When that doesn't happen, as Laura's case shows, the union will do all it can to make sure members get the full compensation they're due. 

"Bringing employers to account in this way also provides wider benefits by improving workplace health and safety.” 

Laura added: “I am grateful to UNISON for putting me in touch with Thompsons, and to my solicitor and barrister for supporting me through the five years it took to bring the case to court.”