This section contains some information on bullying and the law.

From September 2004 you can get free legal advice about bullying. The Children's Legal Centre can give you initial help, advice and support.

The Children’s Legal Centre Tel: 01206 873820
Education Law Advice Line: 0845 456 6811
www.childrenslegalcentre.com

In November 2004, The Children’s Legal Centre (CLC) provided updated guidance commissioned by the Anti-Bullying Alliance (ABA) in a document called ‘Bullying: A Guide to the Law.’ You can access it from the link below:

Children Act (1989)

All state schools have a duty to ensure the safety and to protect the emotional well-being of everyperson in its care. If a young person is being harassed or abused, the school must take action tp protect them. The duty of care is the same for all. Young people who are lesbian or gay or are being homiphobically bullied must be offered no lesser a standard of care than their peers, or indeed, offered inappropriate care.

Human Rights Act (1998)

'No one shall be subjected to torture or to inhuman or degrading treatment or punishment.' (Article 3)

'Everyone has the right of respect for his private and family life, his home and his correspondence.' (Article 8)

OFSTED Framework for Inspecting Schools (Effective September 2003)

Inspectors will assess the extent to which the school:

• deals effectively with incidents such as bullying, racism and other forms of harassment
• does all it can to promote good attendance
• is inclusive, by ensuring equality of access and opportunity for all pupils
• ensures that pupils work in a healthy and safe environment

seeks, values and acts on pupils' views

Inspectors will assess the extent to which the school actively enables pupils to:

• understand and respect other people's feelings, values and beliefs
• understand and fulfil the responsibilities of living in a community

Inspectors will assess the extent to which pupils:

• are free from bullying, racism and other forms of harassment
• form constructive relationships with others
• have confidence and self-esteem

Inspectors will assess the extent to which teachers:

• promote equality of opportunity

And the extent to which:

• each pupil has a good and trusting relationship with one or more adults in the school
• pupils have access to well informed support, advice and guidance as they progress through the school

Pupil Confidentiality

Sex and Relationship Education Guidance - SRE (2000)

All schools must have an up to date Sex and Relationship Education policy that is reviewed regularly.

• teachers should 'deal honestly and sensitively with sexual orientation'

Social Inclusion: Pupil Support - DfES Circular 10/99

'The emotional distress caused by bullying in whatever form - be it racial, or as a result of a child's appearance, behaviour or special educational needs, or related to sexual orientation - can prejudice school achievement, lead to lateness or truancy and, in extreme cases, end with suicide.'

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For more information on Bullying and the Law in relation to the responsibilities of schools:

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