Schools, kindergardens and day-care facilities owe a duty to take reasonable care to protect children in their care and control from foreseeable harm.
There is no absolute duty to supervise – rather the school must take the steps that a reasonable school would in the circumstances to prevent injury. What would be reasonable depends upon many factors.
For example, it would be reasonable to expect that younger children would be supervised to a higher degree than older children.
A higher degree of supervision would be expected in relation to excursions to external venues, or in relation to activities, which have a higher risk of injury.
Where the school is aware that children will be on the premises, such as before or after school hours then a duty will exist requiring reasonable steps be taken.
Also where the school is aware that a particular student has a history of or propensity for misbehaviour then reasonable steps should be taken to protect other pupils from injury which might be caused.
The Civil Liability Act governs the assessment of the amount of damages recoverable in relation to injury.