Background to Bullying

Bullying and the Law

Here is some information directly related to schools.

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 the document from the link below:

Why Should Bullying Concern Schools?
What Does The Law Say?

Children Act (1989)

All state schools have a duty to ensure the safety and to protect the emotional well-being of every person 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.

Education Act (2002)

• two broad aims for the National Curriculum and schools should ensure that it:

(i) 'provides opportunities for all pupils to learn and schieve'
(ii) 'promotes the spiritual, moral, cultural, mental and physical development of pupils at the school and of society, and prepares pupils at the school for the opportunities, responsibilities and experiences of later life.'

SECTION 175

• requirements of governing bodies:

'The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.'

(Education Act - 2002. Chapter 32. London: The Stationary Office)

Safeguarding Children in Education (2004)

Human Rights Act (1998)

• Head Teachers must have a policy to prevent bullying among pupils that complies to this Act.

'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)

(Human Rights Act - 1998. Chapter 42. London: The Stationary Office)

National Healty School Guidance

• schools should have 'a policy and code of practice for tackling bullying, which is owned, understood and implemented by all members of the school community and includes contact with external support agencies.'

(Department for Education and Employment - 1999)

OFSTED Framework for Inspecting Schools (Effective September 2003)

• inspectors to report on the extent to which pupils are free from bullying, racism and other forms of harassment.
• to assess how effectively schools deal with bullying incidents
• to assess the effectiveness of the school's links with parents.

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

(OFSTED - 2003. Inspecting Schools: Framework for Inspecting Schools. HMI 1525. London: OFSTED)

Race Relations (Amendment) Act (2000)

• schools are required to promote race equality rather than to simply react to racist incidents.
• good practice indicates that the requirements of the Act should be linked to a school's Anti-Bullying Policy.

(Race relations (Amendment) Act 2000. Chapter 34. London: The Stationary Office)

School Standards Framework Act (1998)

• schools have certain statutory responsibilities regarding behaviour

'the head teacher shall determine measures (which may include the making of rules and provisions for enforcing them) to be taken with a view to . . . . .b) encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils.'

(School Standards and Framework Act - 1998. Chapter 31. London: The Stationary Office)

Social Inclusion: Pupil Support - (DfES Circular 10/99)

• outlines government expectations and the legal duty of Head Teachers with regard to bullying.
• specifically mentions bullying behaviour related to race, sexual orientation, a child's appearance, behaviour or special educational needs.

'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.'

(DfES - 1999. Social Inclusion: Pupil Support Circular 10/99. London: DfES)

United Nations Convention on the Rights of the Child (UK 1991)

ARTICLE 28

• schools should have a bullying policy
• each child should be informed of what to do if they find themselves being bullied

(United Nations Convention on the Rights of the Child - 1989)

Every Child Matters

The Government has now created a separate fully comprehensive web site titled 'Every Child Matters.' This includes details of and downloadable key documents and appropriate and current news bulletins and events.

To go to this site follow the link below:

http://www.everychildmatters.gov.uk

The following links will take you straight through to the Government site to download the Green Paper or Summary.

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general advice

Anti-Bullying Network Information Sheet

NOTE: The Anti-Bullying Network is a Scottish organisation and some references may be referring to Scottish law.

What is the law on bullying in school?

Pupils have the right to be educated in an atmosphere which is free from fear. Head teachers and others responsible for running schools have a duty to do all that they reasonably can to protect pupils in their charge from intimidation, assault or harassment. This right and this duty are enshrined within documents such as the UN Convention on the Rights of the Child, the Children (Scotland) Act 1995 and the European Convention on Human Rights.

It should also be remembered that schools are subject to the law of the land. Assault, harassment and intimidation are offences, whatever the age of the perpetrator or victim.

Although there is no law which states that Scottish schools must have a specific anti-bullying policy, documents such as "Action Against Bullying", which was distributed to all schools in Scotland in 1992, contain a strong recommendation that they should. This recommendation has been endorsed by local authorities, the Scottish Office and its successor, the Scottish Executive.

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When should bullying be referred to the police or to the Reporter to the Children's Hearing?

The legal system is rarely involved in dealing with school bullying. There are very good reasons for this. Less serious bullying can and should be dealt with within the school. By working together, parents, teachers, pupils and other members of the wider school community develop effective reactive strategies which can be implemented quickly. It is most important that bullying is resolved as quickly as possible before any serious damage is done to the personal development or education of the young people involved.

However there may be circumstances in which the police are called in, either as a last resort or because of the seriousness of an incident. Anyone can make a complaint about bullying to the police. Teachers, parents or other members of a school community may decide to do so if:

• a bullying incident could have serious consequences for the victim - making a judgement about this can be very difficult because even incidents which are perceived as being minor by an observer can have potentially serious long-term consequences for a victim
• other strategies have failed or are considered to be inappropriate because of the seriousness of what has happened and there is a reasonable possibility that making such a report could make the bullying less likely to recur and produce an outcome that helps the victim.

There may be occasions when an episode of bullying involves incidents both in and out of school. In such circumstances it is vital for teachers and parents to work in co-operation with the police and other appropriate agencies such as social services or youth organisations.

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What can the police do?

Schools and the police are developing new ways of working together pro-actively to prevent bullying. For example, in 1991 Lothian and Borders Police helped schools in the Liberton area of Edinburgh to produce a pack entitled, Speak Up. More recently Grampian Police have produced a CD-ROM for schools entitled, Learning for Life.

The police will investigate reports of serious incidents of physical bullying or harassment. If they are satisfied that an offence has been committed and that a person or persons who may be responsible have been identified and are under 16 they will normally send a report to the Reporter to the Children's Hearing. The Reporter will then decide whether or not to call a hearing to discuss the case. Sometimes a hearing will be called to discuss the welfare of a victim of bullying. This happened when one girl stopped attending school because she said she was so frightened of bullies at her school. The police may decide that there is insufficient evidence to justify a referral to the Reporter but officers may be able to help by speaking to the young people involved and to their families.
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Can solicitors help?

A small number of people in Scotland have taken a claim against local authorities to court. In other countries such as Sweden, Ireland, England and Australia such cases have been more common. If a parent or an adult victim decides to take this course they should consult a solicitor for advice.

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What are the advantages of taking legal action?

Victims and their families sometimes feel that their concerns are not being treated seriously. Involving a solicitor can change this.
A solicitor can provide support to individuals who may feel powerless against school authorities.
A court decision in favour of a victim could help that person to come to terms with their experiences by ruling that the school did not act properly.
The court may order that damages be paid as compensation for the harm suffered.
A high profile court case can help to clarify the duty of schools to protect victims. This could make it less likely that others will suffer in the future.

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What are the disadvantages of taking legal action?

It can be very stressful. If the case is defended, an emotionally fragile victim may be subjected to lengthy cross-examination.
Any resolution will be severely delayed. Papers have to be prepared and witnesses who are willing to testify must be found. Meanwhile victims and their families will not be able to put the events behind them and get on with the rest of their lives. Deborah Scott took Lothian Regional Council to court over bullying which occurred in 1988 and 1989. It was ten years before the case was heard.
The outcome is uncertain. Deborah Scott lost.
Enormous expense can be involved, especially if the claimant does not receive legal aid. Becky Walker lost her case and was ordered to pay Derby County Council's costs which were estimated at £30000. The judge in that case revealed that even if she had won she would only have been awarded £1250.
Once a head teacher knows that there is a possibility of legal action it will become more difficult for him or her to admit that mistakes may have been made and that a new approach is needed.

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13 January 2000

© Copyright
This information sheet may be photocopied or reproduced for use within schools and other educational establishments providing the Anti-Bullying Network is credited.

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Child Protection

Information from the NSPCC

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HOMOPHOBIC INTEREST

Schools Out! Guidance

Legislation and DfES Guidance on Tackling Homophobia in Schools (Schools Out and Chrysalis)

HOMOPHOBIC ISSUES AND THE LAW

JAHHB Guidance

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For information on Police Involvement (contained on the Parents section of the site) go to . . .

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