The guardian’s right to file a lawsuit against the school

The guardian’s right to file a lawsuit against the school

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

When a problem occurs within the school affecting a student, it becomes essential for the parent to be aware of their legal rights and proper procedures. Dealing with such situations is not limited to getting emotional or complaining; it also requires a legal understanding that determines when administrative action is sufficient and when it is necessary to file a lawsuit and claim compensation.

Legal awareness protects student rights and gives parents greater ability to make informed decisions, free from haste or procedural errors that could affect the course of the case.

“Before any official escalation, make sure to accurately assess your position… Contact a competent lawyer from the office of Lawyer Abdul Majeed Al Rashid to obtain clear legal advice and guide you to the right step with confidence”

What is the school’s responsibility towards the student?

The primary mission of the school is to provide a suitable educational environment for students that enables them to acquire the necessary knowledge and sciences, taking into account the different age groups of students.

The school is responsible for supervising students and monitoring their performance throughout the academic year, protecting them from any form of physical or psychological violence, ensuring equality among students and preventing any form of discrimination against them, whether based on nationality, color, disability, or the like, and taking the necessary measures to reduce abuse, document violations, and deal with them appropriately.

Cases in which the guardian has the right to file a lawsuit against the school

• The student was subjected to physical or psychological violence, whether by beating, mocking, or uttering obscene or harsh words by a school official, without any action being taken against them.
• The student was subjected to any form of neglect, discrimination, or exploitation within the school, such as neglect of the health condition of the student suffering from the disease.
• Punishing the student with disciplinary penalties that cause him to drop out of school or be deprived of it.
• Imposing disciplinary penalties for violating education regulations.
• Failure to take the necessary measures to protect students and reduce violence within the school.
• Depriving students of obtaining certificates, documents, or textbooks due to non-payment of tuition fees, in violation of the controls of the electronic contract with private schools. 

Which authority is competent to hear the lawsuit against the school?

Which authority is competent to hear the lawsuit against the school?

The Ministry of Education is responsible for reviewing complaints submitted by students and parents through its website, which allows them to file a complaint against the school. The complaint is followed up and processed under the supervision of a higher committee affiliated with the Ministry.

The guardian or student can resort to the General Court, which has jurisdiction to hear the dispute between the student and the private or international school.

As for public schools, they are affiliated with the Ministry of Education, so the Administrative Court has jurisdiction to consider and decide the dispute.

What are the steps to properly file a lawsuit against a school?

What are the steps to properly file a lawsuit against a school?

The parent must first file a complaint with the school administration and inform them of the problem, and if the school does not respond to the complaint, another complaint will be filed through the Ministry of Education website “Tawasul” so that the necessary action can be taken against the school.

A guardian can file a lawsuit against a private or international school before the General Court through the Ministry of Justice’s “Najis” platform. 

Or visit the “Mu’in” platform of the Board of Grievances to file a lawsuit before the Administrative Court if it is one of the government schools affiliated with the Ministry of Education. 

It is important to draft the lawsuit correctly, provide evidence to support the lawsuit, clarify requests, whether compensation or action, so that the lawsuit is accepted and increase the chance of winning the case.

Amidst the complexity of the procedures and the multiplicity of competent authorities, it may be difficult to determine the correct legal step without specialized guidance.

Getting early legal advice helps you accurately assess your situation and avoid mistakes that could affect the case.

What compensation can be claimed?

The guardian can request compensation for the material or moral damage to which the student was exposed, whether the damage was physical harm such as fractures or moral harm such as the use of hurtful or insulting words.

When can a student’s guardian be sued?

The Child Protection System stipulates that the school or educational institution is responsible for informing the Social Protection Unit when it notices any form of abuse against a student by his or her parents, such as the student’s suspension from school, prolonged absence without excuse, domestic violence, or serious neglect that affects his or her life and stability.

When is legal advice necessary before filing a lawsuit?

Before taking the step of filing a lawsuit against a school, it is important to carefully assess the legal situation. Not every school problem requires resorting to the judiciary, and on the other hand, important rights may be lost due to delay or misconduct. 

Legal advice helps you determine the strength of your position, the authority responsible for hearing the case, the possibility of claiming compensation, in addition to avoiding procedural errors that may affect the course of the case.

Instead of individual diligence or relying on unreliable information, you can quickly and easily obtain a specialized legal opinion through the office of lawyer Abdul Majeed Al Rashid. 

“Do not wait until the problem becomes more complicated… Consult a competent lawyer from the office of Lawyer Abdul Majeed Al Rashid to accurately assess your case and protect your son’s rights with a well-thought-out legal step”