The decision in Orchard v Lee (2009) involved a collision between a lunchtime supervisor and a 13 year old boy. The child had been playing tag in the playground. The Court held that if games are played in a play area and in line with normal rules of the activity then negligence cannot be found. The decision will make it hard for schools to hold the children at fault when they are playing in an appropriate play area. The case also examined the question of whether children can be partly responsible or contributory negligent. Children playing at school in a safe environment was distinguished from children playing in a public setting where they would take more care. This case will pose difficulties for schools arguing that children fail to look after their own safety if they were in a playground playing normally. It will be up to the school to ban games or use of the playground area outside of playtime.