Boy, 13, wins four-figure payout over classroom attack by bully

The four-figure payout is the result of an incident at a comprehensive school last October in which 13-year-old Jed Winfindale was hit over the head several times by another pupil wielding a wooden drawing board.

Jed suffered injuries to his arm and shoulder as he tried to protect his head from the attack.

He had to be taken to hospital and afterwards suffered nightmares and flashbacks following the incident at Maltby Comprehensive School near Rotherham.

The pupil was in a lesson when the other pupil became disruptive and verbally abusive to both Jed and the teacher.

The other boy was taken out of class by the teacher, who went to find a teacher trained to tackle such pupils.

But, while the teacher was away, the disruptive youngster re-entered the class, picked up a wooden drawing board and hit Jed several times.

Jed’s mother Stacey Winfindale, 37, complained to the headteacher and then decided to take legal action against the school in question, which has since become Maltby Academy.

Jed, who lives with his mother, his father Gareth and three siblings, continues to be a student at the newly-revamped Academy.

Mrs Winfindale said: “It might seem a bit extreme to go to court over something like school bullying, but I thought it was important to make a stand.

“Going to court was not about the money, it was about the principle, and I wasn’t going to be fobbed off by the education authorities.

“The school was only going to suspend the lad who assaulted Jed for two days, despite being known for disruptive behaviour. But now he has been removed from the school altogether.”

She added that her son had to be given medication to help him sleep after the incident.

Mrs Winfindale said: “Some people might say that Jed had not suffered serious injuries, but it was serious as far as I was concerned. He suffered serious bruising and pain .

“Jed feels fine in himself but still gets bullied by some pupils who won’t let the incident lie.

“But he’s doing all right, he’s quiet, works hard and is getting good grades.”

Mrs Winfindale, a former pupil of the comprehensive herself, added: ”They thought by changing the name they would change the school, but they didn’t – there are still lots of issues to address.

“They’ve changed the policy now by keeping disruptive pupils away from other children. But it’s too late – the horse has already bolted.”

Solicitor Lucy Flynn, of Graysons solicitors, took up the case and won a settlement for breach of statutory duty and negligence against Rotherham Council which admitted liability.

The case was due to be heard by a judge but, on the day of the hearing, when Mrs Winfindale and her son arrived at court the education authority admitted liability.

Ms Flynn said: “Of course we all expect that school should be a safe place for our children, and in the main it is, but sometimes things do go wrong.

“We must not forget that any school owes a duty of care to our children and should not expose them to unnecessary risk of injury.”

A spokesman for Maltby Academy said: “The academy takes any incident involving violent or threatening behaviour extremely seriously indeed and will always respond appropriately to maintain a positive climate for learning across the school.

“In a recent monitoring visit by inspectors the behaviour of students at the academy was judged to be good and with one or two exceptions students continue to apply themselves positively both in and out of the classroom

“Following this particular incident the academy did everything possible to support the young person involved and his family. He continues to study at Maltby Academy and is making good progress in all areas of learning.”

Jed said the incident last year was “scary” and added: “I don’t know why he picked on me, but I suppose it could have happened to anybody in the class.

“It was scary when he hit me with the drawing board. I just tried to shield myself.

“I was a bit worried about going out much after that but I’m okay when I’m with my mates.”