A Blog For Mums
Bullying is a pervasive issue that can have severe consequences for children’s well-being, academic performance, and overall development.
As a parent, coming to the realisation that your child is on the receiving end of a bully’s verbal or, even worse, physical attacks, is sickening.
In the United Kingdom, the government and educational institutions have implemented various laws and guidelines to address this problem, but they don’t always work.
Plus, navigating the legal landscape can be daunting for parents.
With this guide, I hope to equip parents with the knowledge and strategies to effectively tackle bullying within the confines of the law.
And no, waiting for the bully outside the school gates and dealing with them yourself isn’t a viable solution.
While there is no specific law that directly addresses bullying, several existing laws and regulations provide a legal foundation for addressing this issue in schools.
Parents should familiarize themselves with these frameworks to assert their children’s rights and ensure their safety.
This Act places a statutory obligation on maintained schools and local authorities to encourage good behaviour and prevent all forms of bullying among pupils. Section 89 mandates that schools establish measures to tackle bullying, which should be communicated to students, staff, and parents through the school’s behaviour and anti-bullying policies. Notably, this Act empowers headteachers to discipline pupils for poor behaviour, even when it occurs outside school premises.
The Equality Act 2010 prohibits discrimination, harassment, and victimisation based on protected characteristics, such as age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. This Act requires public sector organisations, including schools, to eliminate unlawful discrimination and maintain good relations between individuals with protected characteristics and those without.
Article 3 of the Human Rights Act 1998 states that no one shall be subjected to torture, inhuman, or degrading treatment or punishment. This Act empowers individuals to bring charges against schools if they fail to take bullying seriously and allow the rights of children and young people to be breached.
Under the Children Act 1989, a bullying incident should be addressed as a child protection concern when there is ‘reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm’. In such cases, school staff should report their concerns to the Local Authority.
Bullying can take various forms, including physical, verbal, social, emotional, and online. It is essential for parents to be aware of the different types of bullying behaviour to identify and address them effectively.
It is important to note that some forms of bullying behaviour, such as physical or sexual assault, theft, harassment, and hate crimes, may constitute criminal offences and should be reported to the police.
Effective communication and collaboration with the school are crucial in addressing bullying incidents.
Parents should familiarise themselves with the school’s anti-bullying policies and procedures, which are typically available on the school’s website or upon request from the school office.
Parents can then request a meeting with the school by sending a formal letter or email, outlining the bullying situation and the steps taken to resolve the issue. It is advisable to prepare for the meeting by gathering evidence, such as a record of incidents and their impact on the child, as well as any relevant correspondence or documentation.
During the meeting, parents should remain calm and assertive, emphasising their desire to work together with the school to stop the bullying and ensure their child’s safety and well-being. As hard as it might be, you should keep emotions out of it as much as possible and stick to the facts. It is essential to set clear expectations and agree on an action plan with the school, including designated safe spaces, peer mentoring, or counselling support for the child.
If the school does not take appropriate action, parents can escalate their concerns by following the school’s complaints procedure.
For maintained schools, complaints can be escalated to the Board of Governors, while for academies, a panel hearing can be requested through the academy trust.
If all options have been exhausted, parents can file a complaint with the Department for Education or Ofsted (Office for Standards in Education, Children’s Services and Skills) in England, or the local authority in Wales.
In some cases, parents may consider alternative solutions to address bullying, such as temporary school absence, changing schools, or home education.
Parents have the right to keep their child off school temporarily if bullying is impacting their physical or mental health, and they are concerned for their child’s safety. It is essential to communicate with the school and local authority to explore support options and potential accommodations.
If the bullying persists, parents may consider changing schools for their child. This process involves contacting the local authority to understand the admissions process and potentially going through an appeals process if the desired school is oversubscribed.
Home education can be a temporary or long-term solution as a last resort. However, you must understand the legal requirements and processes involved in home education, which vary by country within the UK.
In some cases, parents may need to seek external support to address bullying effectively. This can include contacting the police for incidents involving criminal behaviour, seeking support from victim support organisations, or involving local youth organisations or anti-social behaviour teams within the Local Authority.
Additionally, parents can contact their local children’s services team if they believe their child is not safe in the school or community, as bullying is considered a form of child-on-child abuse and a safeguarding issue under the Keeping Children Safe in Education guidance.
This is where the law comes into play more seriously. Calling someone names is not the same as a serious assault, for example. The school should be able to handle name calling, but physical violence is a police matter.
Children and the Law