How-to Guide: Bullying

Bullying is a difficult experience for both pupils and their parents. It’s important to know what steps you can take in these circumstances.

What is bullying?

Bullying is defined in departmental advice published by the Dfe as: 

‘Behaviour by an individual or group, repeated over time, that intentionally hurts another individual or group either physically or emotionally’

Bullying is defined on the gov.uk website and states that the four key characteristics of bullying are that it is:

• Repetitive and persistent;
• Intentionally harmful;
• Involving an imbalance of power;
• Causing feels of distress, fear, loneliness or lack of confidence. 

Bullying can include, but is not limited to, the following types of behaviour:

• Name calling
• Taunting
• Mocking
• Malicious gossip
• Stealing
• Physical violence
• Threats via the use of technology
• Coercion
• Isolation from group activities

What are the duties of the school? 

Legislation

Section 175 Education Act 2002

Local Authority maintained schools have a legal duty to safeguard and promote the welfare of children. 

Section 89 Education Inspections Act 2006

Head-teachers of maintained schools and academies must determine measures with a view to encouraging good behaviour and respect for others on the part of pupils, and, in particular, preventing all forms of bullying amongst pupils. 

The measures determined by the head-teacher must be publicised in the form of a written document (anti-bullying policy). 

The Education (Independent School Standards) Regulations 2014 (Part 3)

Academies and independent schools are required to ensure that arrangements are made to safeguard and promote the welfare of pupils at the school. The proprietor must ensure that bullying at the schools is prevented in so far as reasonably practicable, by the drawing up and implementation of an effective anti-bullying policy. 

Dfe Guidance

Preventing and tackling bullying

This departmental advice document has been produced to assist schools in taking action to prevent and respond to bullying as part of their overall behaviour policy.

The advice document states that a school’s response to bullying should not start at the point at which a child has been bullied. It notes that the best schools develop an approach to bullying in which school staff proactively gather information about issues between pupils which might provoke conflict and develop strategies which aim to prevent bullying occurring in the first place. 

School anti-bullying policies and behaviour and disciplinary policies should set out the actions which can be taken to address bullying. The advice states that schools should apply disciplinary measures to pupils who bully, in order to show clearly that their behaviour is wrong. Disciplinary measures must be applied fairly, consistently, and reasonably, taking account of any special educational needs or disabilities that the pupils may have and the needs of vulnerable pupils.

Keeping children safe in education

Statutory guidance that schools and colleges in England must have regard to when carrying out their duties to safeguard and promote the welfare of children in the United Kingdom. 

Working together to safeguard children

Statutory guidance for all organisations and agencies who work with, or carry out work related to, children in the United Kingdom. The guidance aims to set the goalposts for inter-agency working and for promoting the welfare of children from all backgrounds, in all settings.

Behaviour and discipline in schools

Departmental advice which provides advice to headteachers and school staff on developing the school behaviour policy and explains the powers members of staff have to discipline pupils.

What should I do if I find out my child is being bullied?

1. Establish what has been happening

• Speak to your child and find out what has been happening, who is involved, where the bullying has been taken place, how frequently there have been bullying incidents, whether any school staff have been aware of any of the previous incidents.
• As soon as your child tells you they are being bullied, begin keeping a log of all incidents.
• Make a note of the details, particularly names, dates and location.
• If there are physical injuries, take your child to a GP so that there is a record of the injuries. If appropriate, take photos of injuries.

2. Speak to your child’s class teacher

• If your child continues to be bullied, speak to their class teacher. Tell the teacher what your child has told you, but be aware this may be the first time the teacher has heard of the problem.
• If you can, suggest ways in which the situation might be defused. Whilst you cannot tell the school how to punish another child, you can make suggestions as to ways in which your child could be helped in relation to the bullying. It might help if either your child or the child doing the bullying is moved into another class. This is more likely to be possible where there are equivalent age classes or ‘sets’.
• Ask the teacher for copies of; the school’s Anti-Bullying Policy, the school’s Discipline/Behaviour Policy and the school’s Complaints Policy.

3. Speak to the head teacher

• If you are not happy with the class teacher’s response or the bullying is not resolved, make an appointment to discuss the bullying with the head teacher.
• Have a copy of the school’s Anti-Bullying Policy with you, so that you can refer to it if you feel the school are not complying with the policy and show the head teacher the relevant section.
• You might like to follow this up with a formal letter of complaint to the head teacher, detailing your concerns and any proposals the head teacher made.

4. Submit a formal complaint to the school

• If you are not happy with the school’s response to the bullying and do not feel that they have taken adequate action to address the bullying (following your meetings with the class teacher and the head teacher) you have the option of submitting a formal complaint to the school’s Governing Body.
• You should be aware that making a complaint about how the school have acted could damage your relationship with the school. However, if you feel that all other approaches have been attempted and unsuccessful and that a complaint may solve the difficulties, this is an option open to you.
• Any complaint should be made in writing as set out in the school’s Complaints Policy.
• At this stage you might also like to request a copy of your child’s school records. You should make this request in writing to the school, referring to the Data Protection Act 2018; these are the laws which give you the right to see your child’s school records. These records should then be made available to you within 15 school days. The school cannot charge for viewing the records but there may be a small cost for the photocopying of the records. The school records should contain details of any contact you have made in relation to the bullying and any action the school has taken in relation to the bullying. https://ico.org.uk/your-data-matters/schools/pupils-info/

Below is a template letter of complaint which can be sent to the Governors:

Chair of Governor’s Name Address

Date

Dear Sir/Madam

RE: [child’s name and date of birth]

I wish to make a formal complaint. My daughter, A, has been bullied over a period of … weeks/ months by X, Y and Z. The incidents complained of are as follows:

[list the bullying incidents, including dates, times and locations]

I have spoken to A’s class teacher and the head teacher on numerous occasions. These are listed below:

[list the occasions on which the class teacher and the head teacher were spoken to] [details of any medical problems associated with the bullying — both physical and mental— should also be included, and references should be made to any breaches of Anti-Bullying Policy]

I would like a full and thorough investigation of these bullying incidents. Please let me know what action you will be taking, both in relation to the bullying which has occurred and to ensure that my child is not bullied in the future.

Yours faithfully

Your name

5. Submit a complaint to the Local Authority or the Education and Skills Funding Agency (ESFA)

• If you are dissatisfied with the response of the Governing Body, you have the option of making a complaint to a higher level. If your child attends a Local Authority school, you should submit a complaint to the Local Authority. If your child attends an Academy you should submit a complaint to the Education and Skills Funding Agency (ESFA).
• Be aware that Local Authorities often consider bullying to be an internal school management issue and may refuse to get involved.
• You can ask the Local Authority to intervene under Section 62 of the School Standards and Framework Act 1998. This provision gives the Local Authority the power to take any such steps as they deem necessary to prevent the break down, or continuing breakdown, of discipline in a school. This power can only be exercised where the Local Authority is of the opinion that the behaviour of certain pupils is severely prejudicing the education of other pupils.
• The Education and Skills Funding Agency (ESFA) will not generally investigate complaints until the Academy’s own complaints process is exhausted.
• If you wish to make a complaint to the ESFA, you should first obtain a copy of the School’s Education Funding Agreement in order to consider whether the Academy have breached the terms of their funding agreement. If the ESFA finds that the Academy have breached the terms of their Funding Agreement, they will ask the Academy to take action to resolve the matter.
• If the Academy does not comply with the ESFA’s direction, the Secretary of State may, if appropriate, seek to enforce the terms of the Funding Agreement through the courts.
• The ESFA will not investigate complaints which are:
  • about the quality of education or leadership, or concerns affecting the school as a whole (these should be raised with Ofsted)
  • about discrimination (these should be raised with the Equality Advisory Service)
  • about exam malpractice or maladministration (these should be raised with Ofqual and the relevant awarding body)
  • about safeguarding or child protection matters
• If the ESFA uphold the complaint they will do one or both of the following:
  • ask the academy to reconsider the complaint from an appropriate stage
  • ask the academy to change it’s complaints procedure so that it complies with legal requirements
• If the Academy does not comply with the actions directed by the ESFA, the ESFA may seek to enforce the decision on behalf of the Secretary of State through the Courts under the terms of the Funding Agreement.

6. Submit a complaint to the Local Government Ombudsman (for Local Authority schools)

• If the Local Authority fails to respond appropriately to a complaint about a maintained school, you can submit a complaint to the Local Government Ombudsman. A complaint will only be upheld by the Local Government Ombudsman if it can be shown that the Local Authority’s actions amount to maladministration which has caused an injustice. 

7. Submit a complaint to the Secretary of State of Education

• Complaints to the Secretary of State for all maintained schools (including Academies), can only be made once all other complaints procedures have been exhausted.
  Please see our page on Bullying for further information on submitting a complaint to the Secretary of State.

Should I withdraw my child from school? 

When parents discover that their child is being bullied, the immediate response is often to remove the child from the school until the matter has been dealt with. Whilst wanting to protect your child is a natural response, it is important to remain aware of how the absences are being recorded by the school.

Unauthorised absence

If the child is still on the school roll and you are not sending the child to school there is the risk that the school could record the absence as unauthorised. This could then result in action being taken against the parent for failing to ensure that the child is receiving suitable education in accordance with Section 7 Education Act 2002. 

There are times when a child is too upset, frightened or traumatised to attend school or risks being injured if they do. If this is the case, take your child to the GP and speak to them regarding a medical certificate to authorise your child’s absence.

In-Year Admission

If you wish to move your child to another school, you will need to go through the in-year Admissions process. Your Local Authority will be able to advise you as to schools in your area which have spaces in your child’s year group and the process to follow in relation to admissions. Further information on admissions can be found on the information page on School admissions and appeals.

Home Education

Some parents choose to home educate their children following bullying. Should this be something you are considering, contact Education Otherwise, a charity who provide advice and information on home education. The helpline number is 0300 124 5690. You will need to remove your child from the school roll of their current school and register them as home educated with the Local Authority. This will need to be done in writing. 

Below is a template letter to send to the school and LA if withdrawing a child from school with the view to home educate: 

Head teacher’s Name
School Name
School Address

The Date

Dear Head’s name RE: Full name of child and Date of birth

I am writing to inform you that my son/daughter (Child(rens) Name(s) ) is receiving an education at home, otherwise than at school in accordance with Section 7 of the 1996 Education Act.

Therefore I would be grateful if you would remove (his/her/their name(s)) from the school register from (the date you wish to leave) in accordance with the Education (Pupil Registration) Regulation 8 (1)(d) 2006 for mainstream schools.

Please confirm in writing that my child(ren) has/have been removed from the school register.

Yours sincerely (sign here)

Your name

Local Authority Section 19 duty

In exceptional circumstances the parent can contact the Local Authority and request that they provide education as part of their section 19 duty for children out of school for other reasons such as bullying.

What duties do Independent Schools have to address bullying?

Proprietors of Independent schools are required to have arrangements to safeguard and promote the welfare of pupils at their school under section 157 of the Education Act 2002 and The Education (Independent Schools Standards) (England) Regulations 2003. Independent schools are also required to publish and implement written policies on the prevention of bullying, having regard to any guidance issued by the Secretary of State.

There are limited options available for parents of pupils at Independent Schools to challenge the school’s policies and procedures as independent schools are not public bodies and are not subject to judicial review. However the following steps can be taken.

1. Follow steps 1-4

of What should I do if I find out my child is being bullied, above.

2. Submit a complaint to the school

Independent schools are required to publish a complaints policy. A complaint regarding dissatisfaction/unhappiness with the school’s actions in regards to the bullying should be submitted to the school, in accordance with the school’s complaints policy.

3. Request a copy of your child’s school records

At this stage you might also like to request a copy of your child’s school records. You should make this request in writing to the school, referring to the Data Protection Act 1998. The Education (Pupil Information) (England) Regulations 2000 do not apply to Independent Schools. These are the laws which give you the right to see your child’s school records. These records should then be made available to you within 40 days.

It is not specified whether these 40 days include weekends, but it is best to allow 40 working days. The school cannot charge for viewing the records but there may be a small cost for the photocopying of the records. The school records should contain details of any contact you have made in relation to the bullying and any action the school has taken in relation to the bullying.

4. Seek legal advice on breach of contract

Relations between parents and the school are governed by the contract between the parents and the school. It may be that the school’s actions amount to a breach of contract. This matter would be considered a contractual issue; a civil litigation solicitor would be able to advise further in this regard.

The legislation giving head teachers the power to discipline pupils for poor behaviour outside of school does not apply to Independent schools. The school’s behaviour and discipline policy should set out the extent to which the school will regulate behaviour outside of the school’s premises. However where bullying incidents outside of school premises are reported to the school, this should be investigated and acted upon. If the behaviour could be criminal or poses a serious threat to the public, it should always be reported to the police.

What legal action can you take if a bullying problem is not addressed?

If all else fails, you may wish to consider legal action. Before starting any form of legal action, it is wise to consult a criminal law solicitor. Details of solicitors can be found at www.lawsociety.org.uk

Criminal action

Some forms of bullying may amount to criminal behaviour. Children under the age of 10 cannot be prosecuted for a criminal offence. 

If your child has been injured, you should take your child to a doctor to obtain medical evidence. As soon as possible, your child should write down the details of all the bullying incidents. 

It is advisable to contact the police in cases where the assault is of a serious nature and the school and Local Authority have consistently failed to deal with the bullying. Sometimes, the mere threat of informing the police is enough to spur the school or Local Authority into action. Unfortunately, schools themselves rarely involve the police in bullying incidents, even where there has been serious violence.

The Protection from Harassment Act 1997

The Protection from Harassment Act 1997 defines the criminal offence of harassment (which can include bullying). It provides for the possibility of a civil injunction to restrict the behaviour and for damages to be claimed for the harm suffered. Applications should be made via a solicitor.

Civil action

Judicial review

It may be possible to seek a judicial review of the school’s or Local Authority’s failure to take appropriate action to deal with the bullying situation. As a result, the school or Local Authority may be forced to act.

Judicial review is a public law action. It can only be taken against public bodies or private bodies that perform a public duty. Local Authorities and boards of governors are susceptible to judicial review. You can contact Civil Legal Advice on 0345 345 4345 to see whether you are eligible for legal aid to bring this claim. Otherwise, you should visit a solicitor.

Judicial review cannot be used where the complaint is against an independent school, as independent schools are not public bodies.

An application for judicial review can be made only once all other possible remedies against the school and Local Authority have been exhausted. Furthermore, you must act promptly. Applications for judicial review must be made within 3 months of the disputed act or decision (e.g. the decision of the governors or Local Authority not to take any action against the bully). This time limit can sometimes be extended where the court considers that there is good reason for doing so. 

In judicial review, the court examines the way in which a decision has been reached but not the actual merits of the decision. For example, an application might be successful where the school or Local Authority:

• failed to follow proper or correct procedures;
• did not apply the law correctly; or
• acted so unreasonably that no other school or Local Authority would have reached such a decision.

A child can apply for judicial review, provided the court believes that he or she has sufficient interest to apply. If a child has left the school and is settled at a new school, he or she is unlikely to have sufficient interest.

Unless it is proved that the Local Authority, school or teacher has also been negligent, a successful application is unlikely to result in the payment of damages. However, a successful judicial review action may have the effect of forcing the school or Local Authority to act to stop the bullying.

Injunctions

It may be possible to obtain an injunction to prevent a bully continuing with the problem behaviour. For this action, you would need to seek advice from a solicitor.

A human rights action

The Human Rights Act 1998 (HRA) came into force on 2 October 2000. The HRA incorporates into UK law the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). These rights can be found in Schedule 1 of the HRA. All Public Authorities must act in compliance with Convention rights (section 6 HRA) and all legislation must be interpreted to comply with them. If a Public Authority acts in a way which is incompatible with a Convention right, the victim may take legal action against that Authority. The term ‘Public Authority’ includes Local Authorities, and governors and head teachers of schools.

There are 2 rights which may be of particular assistance to a bullied child who fails to obtain protection against bullying:

• Article 3 ECHR states: ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’. Corporal punishment has been banned in British schools as a consequence of a ruling of the European Court of Human Rights outlawing physical punishment in schools. Where a school consistently fails to protect a child from bullying by another child or a teacher, this could constitute a failure to uphold a child’s right under Article 3. However, the threshold for Article 3 is extremely high. 
• Article 8 ECHR states: ‘Everyone has the right to respect for his private and family life, his home and his correspondence’. Where children are forced to strip in public changing rooms against their will, or to have their bags and lockers searched, their belongings removed or are exposed to video surveillance, this may not amount to inhuman or degrading treatment, but may infringe their right to respect for private life. Again, however, the standard of proof is extremely high for Article 8. In order for a claim to be brought under the HRA 1998, the bullying would have to be extremely serious and have resulted in physical or psychiatric damage which is supported by strong medical evidence. 

A claim under the HRA must be brought within one year of the breach of a Convention right, although it is not clear whether the strict one year limitation period will always apply to children.

Thus far, the HRA has been of little use in cases of bullying.

It is advisable to contact the police in cases where the assault is of a serious nature and the school and Local Authority have consistently failed to deal with the bullying.

Negligence

You may be able to sue the school, teacher or Local Education Authority for damages, as compensation for psychiatric damage or physical injuries suffered by your child.

Negligence arises where a duty of care is owed to the child, and that duty of care is breached, resulting in injury or damage to the child. The law in this area is very complex. For a case to be successful, it would be necessary to prove all of the following:

• That your child has been bullied
  There is no legal definition for bullying. In deciding whether bullying has occurred, the court will look at all the circumstances. It will be necessary to prove that the bullying went beyond normal social interaction between children and was of a serious nature.
• That the teacher or school owes your child a duty of care 
  It is well established in law that a school owes its pupils a general duty of care. However, it is far less clear in law how far a school must go to protect a pupil against bullying.
• That your child has suffered harm as a result of the bullying incidents 
  This could be physical injuries, psychiatric damage or emotional and psychological damage. The harm must have been a consequence of the bullying incidents, and expert evidence will be needed to prove the damage in court.
• That the harm was foreseeable
  It must have been reasonable to expect that the teacher or school could foresee that your child might suffer harm or damage.
• That the harm suffered was a direct result of the teacher and school negligently failing to act to protect your child
  It would need to be shown not only that the teacher or school knew what was going on, but also that they failed to take reasonable steps to stop it. Schools are not legally required to guarantee the absolute safety of children. However, they must ensure that pupils receive the same level of care and supervision that a reasonably prudent parent would take of his or her own children.

There have been a few negligence actions relating to bullying in schools. Whether a claim is likely to succeed depends very much on the individual circumstances of the case.

You have until your child is 21 to bring a claim for educational negligence.

If your child is being bullied – Flowchart