Bullying in Schools
The law and procedures for dealing with bullying in schools is very weak. Although there is an obligation on schools to safeguard and promote the welfare of pupils, there is no specific duty to prevent bullying. Through the use of a case study, this article explains the steps parents might take to try and prevent their child from being bullied.
My daughter is currently refusing to go to school as she has been repeatedly bullied by a number of pupils at her school. I have complained to the head class teacher but nothing seems to be happening, is there anything I should do?
Unfortunately the law in this area is very weak. Parents are often surprised that there is not a great deal that can be done. The most important thing you should do, is to follow the school’s formal complaints procedure, if you are not satisfied with how the matter has been dealt with.
The law requires all schools to have a formal complaints procedure and this should be sent home for parents at least once. If you have not kept a copy, contact the school secretary and ask for this document to be sent you.
Most complaints procedures require a formal complaint in the first instance to be made to the head teacher. You should set out your complaint in writing and describe the incidents, if possible with dates and times, and provide information detailing which pupils were involved. Very often victims of bullying do not wish to name the bullies, but without this information it is virtually impossible for the school to take action.
If you are dissatisfied with the head teacher’s response, you should progress the matter to a Stage 2, to the governors.
Some complaints procedures enable parents to complain to the Local Education Authority once all other school stages have been completed. You should read through the policy to see if you are able to do this.
I have been told that I would be prosecuted for refusing to send my child to school. How can this be fair as I am only protecting her from the bullies?
Unfortunately the information you received is correct. In law it is the parent’s duty to ensure their child receives full-time education. The fact that you feel the school is unable to protect your child is not a defence and if you are not careful, you could be prosecuted.
You should contact the Education Welfare Officer at the local authority to discuss ways in which they might work with you, your daughter and the school, to enable your child to return to school with confidence.
One of the bullying incidents occurred outside the school gates where there were independent witnesses. The police have decided to prosecute two of the bullies, yet they still remain in school. Why hasn’t the school permanently excluded the bullies?
The head teacher is the person by law who has the responsibility for deciding how pupils should be punished for any misdemeanours. The governors must publish a behaviour policy which usually incorporates a bullying policy. Some schools choose to have a separate bullying policy. You should ask for copies of these documents and see what sanctions the head teacher should have implemented to deal with this incident.
The law states that in these circumstances whilst waiting for the Court proceedings to take place, the head teacher should consider whether it is necessary to permanently exclude the pupils. If their presence in school interferes with the school community or the well being of another pupil, then thought should be given to excluding the bullies for a fixed term or permanent exclusion.
I am surprised the head teacher has not made a decision to exclude the bullies.
As my daughter is too frightened to attend school, will she be able to receive home tuition?
Most Local Authorities only provide home tuition services where there is medical evidence to show that the pupil is too unwell to attend school. If you believe that your daughter may have developed a phobia as a result of the bullying incidents, or may be depressed, you should contact your GP and ask for a medical certificate. This must clearly state that your child is too unwell to attend school and explaining the reasons why.
A copy of the certificate should be sent to the local authority’s home tuition service.
Would I be entitled to sue the school for the trauma my daughter has suffered?
Negligence claims involving bullying are very rare. I can only recall one case in the last 7 years that succeeded. This case was successful because the parent had kept a very careful diary of all incidents that occurred and conscientiously kept copies of all letters and notes of telephone calls with the school.
The financial compensation in this case was very low. Courts are very reluctant to put schools in a position where they are having to pay compensation out of the school’s budget.
It is unlikely that Legal Aid would be granted in a claim of this nature, and you would have to fund the case yourself.
Legal costs could run to several thousands of pounds. When asked this question by parents we usually advise them to redirect their efforts into finding an alternative school place or finding some way of working with the school to enable their child to return to full-time education.