Legal Advice for Bullying in Schools

Bullying is an intolerable, emotional and stressful occurrence that can have a huge impact on a child's education and enjoyment of their youth. Bullying can include physical attacks and emotional abuse which can psychologically damage the victim and lead to sadness, frustration and severe concern for the parents. The law strives to ensure that each child is given the opportunity to enjoy a successful education free from harassment, bullying and discrimination and sets out the legal obligations of a school to carry out this right.

The following article explains the ways in which the law serves to prevent bullying in schools, protect victims and act against the perpetrators and bullies as well as the measures that can be taken against a school if bullying is not addressed correctly.

The Law on Bullying in School

There are some types of bullying in schools that are illegal, and these cases should be reported to the police in order to prevent further occurrences and make those responsible accountable for their actions. The law sets out that each state school in the UK must have a behavioural policy established that outlines the ways in which they will address bullying and bullies, the procedures that need to be followed to report bullying and the steps that the school will take when a report has been received.

Each school should create this plan, and it should be communicated to all students, staff and parents. The school are also obliged to observe legislation related to anti-discrimination and these two areas are closely linked. The legislation in both of these areas serves to prohibit and prevent harassment, victimisation, discrimination and abuse towards students in all schools.

Warning Signs of Bullying

Parents are likely to fear any social or relationship difficulties that their child may face within their school, and this is likely to be epitomised with the horror of thinking that your child is the victim of bullying. Unfortunately, bullying often reduces the victim's confidence significantly, and this can sometimes mean that the child is not comfortable with reporting any offences that have taken place. There are a number of signs that parents can look out for that may suggest their child is being bullied. They include:

• Emotional changes which can include the child becoming shy, withdrawn or angry, hostile or even aggressive
• Injuries that the child has no explanation for
• Poor and unusual results and grades in school or reports that the child's academic achievements are dropping
• Sleep disorders or regular nightmares
• Attempts to be absent from school by pretending to be ill or because of genuine repeated illnesses such as sickness or headaches that could be the result of anxiety
• Declines in social interactions, friends and outings
• Distancing themselves from relatives and appearing more absent-minded
• Damaged or lost possessions including personal items and school books
• Changes in appetite and eating habits such as the child being excessively hungry because they avoided lunch at school or not eating because of emotional distress

If the child displays concerning characteristics or actions such as those above, the parent should calmly and delicately speak to their child to attempt to understand the causes of the behaviour. If the child is not forthcoming with information, the parent should feel encouraged to discreetly discuss their worries with the school to ask for any knowledge they have or to request that they observe the child more closely.

Reporting School Bullying

When a parent is aware that their child is being bullied, they should make a report in writing to the school concerned. The school will have an internal complaints procedure, and it is wise for parents to follow this process. Each school may have different ways of dealing with a report of bullying, and this often depends on upon the severity of the case. The steps that they take to address bullying may include:

• Disciplinary action against the bully
• Suspending the bully
• Running educational programs to teach children about equality, acceptance and friendships

If the school does not reach an acceptable resolution to the bullying, the case can be reported to the police or social services. For cases where serious harm is brought to the victim, such as physical attacks or significant emotional distress, a claim for damages can be pursued in the courts, but this action is usually reserved for the most serious incidents.

The law does not authorise a parent to keep their child at home because of bullying, and if they do, they may find themselves being charged with a criminal offence. Unless the injuries, whether physical or psychological, that have been caused to your child result in a doctor agreeing that the child should be kept at home, it is important that an unauthorised absence is not carried out. In some instances, the parent may be able to request that the local authority provide home tuition for their child and this will prevent legal action being taken against the parents for absence cases.

Bullying Outside of the School

If your child is bullied outside of the school premises, the head teacher still has the legal authority to intervene. The headteacher can ensure that the bullies refrain from further actions, even if the bullying took place outside of school and irrespective of when. This power and responsibility extends to cyberbullying that is conducted online, often through social media platforms or through mobile messages.