When Supervision Fails: Former Student Sues College After Playground Incident Results in Quadriplegia

When Supervision Fails: Former Student Sues College After Playground Incident Results in Quadriplegia

Trigger Warning: This article discusses topics related to child abuse and harm, which some readers may find distressing.

Legal proceedings were launched in the Supreme Court of Victoria (the Court) in relation to a schoolyard incident that occurred in March 2022 at Beaconhills College (the College), which left former student, Armaan Dhillon, with a catastrophic spinal cord injury. Dhillon alleges that inadequate supervision and delayed emergency responses by the College contributed to the
severity of his injuries.

The Court will consider whether the College breached its duty of care to students by failing to provide adequate supervision during recess and by not responding appropriately to a critical incident on school grounds.

This case demonstrates the significant legal and organisational consequences that can arise when schools fail to ensure the safety and wellbeing of students in their care.

Background

Beaconhills College is a registered Victorian school located in Pakenham. On a school day in March 2022, Dhillon, then a 16-year-old Year 10 student, was involved in an altercation near a drinking fountain. According to court documents, a disagreement between students escalated when another boy placed Dhillon in a headlock and pulled him forcefully, causing him to collapse and lose movement in his body.

Dhillon reports hearing a ringing noise before realising he could not move his arms or legs. Critically, there were no staff members supervising the playground at the time. Other students were left to assist him without adult guidance, with some initially believing he was exaggerating the seriousness of his condition.

The claim alleges that students were forced to run for assistance because no teachers were supervising the area, that the school failed to contact emergency services promptly, and that staff told Dhillon they were waiting for the school nurse before calling an ambulance. He was later diagnosed with a severe spinal cord injury that resulted in quadriplegia.

Dhillon, now 20 years old, has undergone eight surgeries and continues to experience fainting episodes and psychological trauma. His family has also faced significant hardship, including reduced work capacity, home modifications, and managing the effects this incident has had on their mental health.

What the Court Will Consider

Dhillon alleges that the school failed to take reasonable steps to protect him from foreseeable harm, amounting to a breach of the duty of care owed to students. The Court will assess whether the College:

• Provided adequate supervision during recess;
• Implemented and followed appropriate behavioural management processes;
• Responded promptly and appropriately to a critical incident;
• Ensured staff were trained and competent in emergency response; and
• Complied with the requirements under the Education and Training Reform Act 2006 (Vic) and minimum standards for student safety.

The claim further alleges that the incident was “entirely preventable” had teachers been present in the yard and had emergency medical assistance been sought immediately. This case raises significant questions regarding governance, supervision practices, and the systems schools must have in place to protect students from harm.

Why Duty of Care Matters in Schools

Schools owe a non-delegable duty of care to students, meaning they are responsible for ensuring children are reasonably protected from foreseeable risks while on school premises. This duty is reinforced by:

• The Child Safe Standards;
• Mandatory supervision requirements under the VRQA minimum standards;
• School-based policies for behaviour management, incident reporting, and emergency response.

Failure to meet these obligations can amount to a breach of duty, exposing schools to substantial legal, financial, and reputational risk.

Inadequate supervision is one of the most common grounds for negligence claims against schools, and courts have consistently held that incidents during unsupervised playground time are reasonably foreseeable.

Lessons for Schools and Education Providers

This avoidable significant injury of a student on school grounds is a significant reminder that schools and organisations must comply with their duty of care to take steps to keep children and young people safe from harm. Vital obligations include ensuring that proper preventative measures are in place and that incidents and concerns are responded to swiftly and properly. Schools must ensure that:

• Supervision is active, consistent, and risk-based: All playground and recess areas must be monitored by trained staff.
• Emergency response procedures are followed: Staff must know when and how to escalate critical incidents to emergency services without delay.
• Behaviour risks are identified and managed: Schools must proactively assess and respond to patterns of conflict or unsafe behaviour.
• Incident reporting is clear and timely: Delays in notifying parents, authorities, or regulators may indicate systemic failures.
• Culture and leadership prioritise safety: A child-safe culture requires transparent reporting, accountability, and continuous improvement.

How Can Safe Space Legal Help?

Safe Space Legal has extensive experience working with schools and other organisations working with children and young people across Australia to strengthen their safeguarding frameworks and ensure they are meeting their child safety obligations. We provide comprehensive support including:

• Conducting Child Safety Training, including to schools on Duty of Care;
• Drafting best practice child safety policies, procedures and codes of conduct;
• Conducting gap analysis audits of critical incidents;
• Providing training on legal obligations, duty of care and child safety;
• Conducting trauma-informed child safety investigations which are compliant with relevant state and territory schemes; and
• Providing advice on risk mitigation.

Contact office@safespacelegal.com.au or call 03 9124 7321 to organise a complementary discussion in relation to your organisation’s child safety and safeguarding needs.