Pupils with disabilities: the Court of Cassation strengthens supervisory obligations

The Court of Cassation (Order No. 23292/2026) has clarified that the responsibility of the school and the local authority is not limited to ensuring that staff are present to support the most vulnerable pupils, but requires that such staff are genuinely capable of preventing and managing emergency situations. This principle is set to have an impact on the organisation of nursery schools and, more generally, on the protection of pupils with disabilities.

The case stems from the tragic death of a five-year-old girl, who had a severe disability, who died of asphyxiation whilst taking her afternoon nap at a nursery school. Following lengthy legal proceedings, which culminated in a previous referral ordered by the Supreme Court, the judges have upheld the ruling ordering the local authority and the nursery school to pay compensation to the family.

The crux of the ruling does not concern the unforeseeability of the incident, as argued by the authorities involved, but the standard of care provided. According to the Court of Cassation, the child should have been under constant supervision. Instead, the staff member responsible for supervising her was in a different room and only checked on the child at intervals of around ten minutes. This level of supervision was deemed incompatible with the child’s particular circumstances.

The delay in calling for emergency assistance also played a part in the decision. The call to 118 was not made by school or local authority staff, but by the parent of another child who was waiting outside the school. According to the judges, those lost minutes could have been decisive, as a more prompt response might have saved the girl’s life.

The order also highlights another aspect of great practical importance. Whilst the presence of nursing staff was not essential, it was nevertheless necessary for care workers to be adequately trained to deal with the most common emergencies, including airway clearance manoeuvres and the immediate mobilisation of emergency services. These, the Court observes, are essential skills for those who work with young children on a daily basis, particularly if they have disabilities.