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Buachaill, Barrister
Category: Law
Satisfied Customers: 10972
Experience:  Barrister 17 years experience
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I am Chair of Governors at a local primary school. We subscribe

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I am Chair of Governors at a local primary school. We subscribe to a bursary service. Last September a new Bursar was assigned to our school. We are a PFI school, and the new bursar had not been given sufficient training to deal with this. To cut a long story short, she didn't allocate the PFI money correctly and school is now facing a £41,000 deficit. The Bursary service have waived last year's fees and admitted it is their mistake. I would also point out that is was the Head who queried the affordability of things which uncovered the mistake(by a different bursar as the one we had in September has now left). The service are saying they cant be held to account as the bursar has left their employment. That seems like an easy excuse to me, as a business owner wouldn't it be easy to have this convenient excuse? I would welcome advice on this matter. THank you
1. Here the bursary service is liable to the school for the negligence in failing to properly handle the budget tthereby giving rise to a £41k deficit. In this regard, a bursary service is like any other professional or service provider. If they act negligently, then it gives rise to liability. It makes no difference that the particular bursar employee of the bursary service has now left their employment. They are still liable. However, in assessing damages you will not automatically get the full £41k deficit back. Instead a court will look at the spending allocation which a prudent bursar would allocate and assess where and how the bursary service fell short or where money was wasted. Then you will be able to recover whatever sum in damages which resulted in loss from the negligent bursary service. So it is important to realise that all the money was spent. It is only losses which resulted from the negligence spending allocation which will be recoverable. This might be less or more than the £41k deficit. It depends how far short of the standards of a reasonably prudent bursar the bursary service fell and what losses this negligence gave rise to.
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