Steps to follow

1. 1

   Step one

   Submit the claim

   The damages claim must specify the facts and the injury or damages sustained, when they occurred, the causal relationship between them and the operation of the public education service and the [...]

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   The damages claim must specify the facts and the injury or damages sustained, when they occurred, the causal relationship between them and the operation of the public education service and the economic appraisal of the damages. All the information must be supported by documents, which must be attached to the application.

   

   This link explains how to access and monitor my formalities.

   By Internet

   Submit the claim for damages liability

   Start . Go to Submit the claim for damages liability

   Submission of the form requires a digital signature. In order to do so, you can use a digital certificate of a physical or corporate person and/or civil partner, or you can use idCAT Mòbil, a very simple system based on a once-only-use password sent to your mobile telephone.

   If you do not have idCAT Mòbil you can obtain it quickly, you need only have your national identity card, foreigner’s card and health card available (have all the information at the page of the Electronic Office).

   In person

   Places where you can submit your claim in person:

   • Any registration office of the Government of Catalonia.
   • In any of the places and by the means established in article 16.4 of Law 39/2015, of 1 October, on the common administrative procedure of public administrations. In the event that you choose to file the claim at a Post Office, it must be made in an open envelope so that it is dated and stamped by Post staff before being certified.

   Claim for damages liability from the public administration in the educational field

   Claim for damages liability from the public administration (Consorci d'Educació de Barcelona)

   Where you can carry out the procedure

   • Consorci d'Educació de Barcelona (CEB) . Open in a new window.
   • Departament d'Educació . Open in a new window.
   • Serveis Territorials d'Educació a Barcelona Comarques . Open in a new window.
   • Serveis Territorials d'Educació a Girona . Open in a new window.
   • Serveis Territorials d'Educació a Lleida . Open in a new window.
   • Serveis Territorials d'Educació a Tarragona . Open in a new window.
   • Serveis Territorials d'Educació a la Catalunya Central . Open in a new window.
   • Serveis Territorials d'Educació a les Terres de l'Ebre . Open in a new window.
   • Serveis Territorials d'Educació al Baix Llobregat . Open in a new window.
   • Serveis Territorials d'Educació al Maresme-Vallès Oriental . Open in a new window.
   • Serveis Territorials d'Educació al Vallès Occidental . Open in a new window.

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2. 2

   Step two

   The proceedings

   The competent organ for reaching a decision on the claim (see the Responsible organisation section) issues a resolution initiating a damage liability procedure at the request of the interested party [...]

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   The competent organ for reaching a decision on the claim (see the Responsible organisation section) issues a resolution initiating a damage liability procedure at the request of the interested party and appoints a person to oversee the proceedings.

    

   This resolution is notified to the claimant through the channel chosen, they are informed of the maximum term for this procedure to be processed and notified, as well as the competent organ, that failure to reply by the administration means that the application has been dismissed and of the types of appeal available to them.

    

   The director of the school involved in the incident issues a descriptive report  which takes into account the version of the teacher or of the person entrusted with supervising, watching or looking after the pupil at the time of the accident. The director also produces a report explaining the facts (the teacher’s report), to which may add any verbal information or documentation available to them that may be of relevance to the case. 

    

   The school director submits the two reports about the events and the supporting documentation to the person tasked with settling the claim and on request by the person overseeing the proceedings.

    

   Finally, for claims amounting to or more than 50,000 Euros, the person overseeing the proceedings must request a report from the Legal Advisory Commission.

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3. 3

   Step three

   Hearing the interested party

   Once the proceedings have been initiated and the internal reports requested to ascertain the facts have been received, and before a settlement proposal is issued, the interested party is informed [...]

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   Once the proceedings have been initiated and the internal reports requested to ascertain the facts have been received, and before a settlement proposal is issued, the interested party is informed that, within a term of not less than 10 days and not more than 15, they can submit any documents and justifications they deem pertinent in the hearing proceedings. The corresponding Education territorial services or the General Secretariat of the Department or the Education Consortium of Barcelona must inform the interested party of the proceedings by means of the channel chosen (online or in person) unless the person is obliged to use the online channel.

    

   At this point, as applicable, the interested party is also informed of the damages appraisal made by the insurance company hired by the Administration of the Government of Catalonia for them to make any observations they deem relevant. 

    

   If thus specified on the claim form, the claimant receives a notification by email and/or by mobile telephone informing them of the hearing proceedings, to which they may adhere or not if they deem pertinent. This notice is accompanied by the documentation of the proceedings or by instructions on how to access this documentation.

   

   The status of the proceedings can be consulted at Private area (with prior identification in idCAT Mobile or digital certification).

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4. 4

   Step four

   Settlement of the procedure

   The term for settling the public administration damage liability procedure is six months, in accordance with article 91.3 of Law 39/2015. The competent organ (see the Responsible organisation [...]

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   The term for settling the public administration damage liability procedure is six months, in accordance with article 91.3 of Law 39/2015. The competent organ (see the Responsible organisation section) informs the interested party of the settlement decision in writing or by email, if the latter was chosen expressly by the claimant.

    

   If no express settlement decision is issued within this term, the injury or damages claim may be regarded as dismissed.

   

   In the case of the Department of Education, competence for taking decisions on liability claims against the public administration will vary depending on the amount:

   • If the amount is not more than 1,500 Euros, the claim is managed by the territorial services of the area corresponding to the school involved.
   • If the amount is between 1,500 and 300,000 Euros, the claim is managed by the secretary of the General Secretariat of the Department of Education.
   • If the amount is more than 300,000 Euros, the claim is managed by the Autonomous Minister of the Department of Education.

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