School Bullying

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It is difficult to know what to do if your child is being bullied at school. You may have raised your concerns with the school, but feel that the situation has not improved or that your child’s experiences are not being taken seriously.

Bullying can have a significant impact on a child’s education, confidence and wellbeing. It can affect attendance, friendships, behaviour and their willingness to go to school.

Schools have responsibilities to prevent and respond to bullying. Where concerns are not dealt with appropriately, there may also be legal issues to consider, particularly where bullying involves disability, discrimination or safeguarding concerns.

Our specialist education solicitors support families across England and Wales, helping parents understand their child’s rights, raise concerns with schools and consider what action may be appropriate.

What is bullying?

Bullying can take many forms and may involve repeated behaviour intended to hurt, intimidate or undermine another child.

This can include:

  • Name calling, insults or threats
  • Physical violence or intimidation
  • Deliberately excluding or isolating a child
  • Spreading rumours or damaging possessions
  • Cyberbullying and inappropriate online behaviour
  • Prejudice related bullying
  • Sexual harassment or inappropriate sexual behaviour
  • Bullying connected to a child’s disability or special educational needs

Bullying can happen in school, on school transport, during trips or online. What matters is the impact it has on your child’s education and wellbeing.

What should a school do about bullying?

Schools in England and Wales have responsibilities to safeguard pupils, promote good behaviour and respond appropriately to bullying.

In England, the Department for Education provides guidance on preventing and tackling bullying. In Wales, schools and local authorities must have regard to the Welsh Government’s Rights, Respect, Equality statutory guidance. (gov.uk) (gov.wales)

If you believe your child’s school is not responding appropriately, we can help you understand what the school should be doing and what options may be available.

What if bullying is linked to disability or SEND?

Where bullying relates to a child’s disability, there may be additional legal issues under the Equality Act 2010.

Depending on the circumstances, a school’s response may involve disability discrimination, harassment or a failure to make reasonable adjustments.

If bullying is affecting your child’s ability to attend or access education, it may also be necessary to consider their SEND support or EHCP.

What if bullying is affecting my child's attendance?

Some children become reluctant or unable to attend school because they feel unsafe.

If bullying is affecting attendance, it is important to consider the reasons for the absence and whether appropriate support is being provided. This could involve safeguarding, SEND support, reasonable adjustments, alternative education or a different school placement.

We can help you understand the education law issues alongside the bullying itself.

What can I do if my child is being accused of bullying?

If your child has been accused of bullying, it is important to understand what has happened and how the school is dealing with the allegations.

We can advise on the school’s approach, review relevant policies and evidence, and help you respond appropriately. Where necessary, we can also advise on whether the school has followed a fair and appropriate process and what options may be available if you have concerns about the way the matter has been handled.

Can I take legal action against a school?

In some circumstances, legal action may be available where a school has failed to respond appropriately to bullying.

The appropriate route will depend on what has happened. Options may include:

  • Making a formal complaint to the school
  • Raising safeguarding concerns
  • Challenging disability discrimination
  • Considering a personal injury claim where the legal requirements are met
  • Considering judicial review where there has been an unlawful decision or failure by a public body
  • Taking action concerning a private school’s contractual obligations where appropriate

The fact that a child has experienced bullying does not automatically mean that a legal claim will succeed. We can help you understand your options before deciding what action to take.

How can we help?

Our specialist education solicitors can help you:

  • Review how the school has responded
  • Consider whether the school’s policies and procedures have been followed
  • Raise concerns formally with the school
  • Advise on discrimination and safeguarding issues
  • Consider SEND, EHCP and attendance issues
  • Advise on complaints and other available routes
  • Consider whether legal proceedings may be appropriate

If your child is being bullied and you feel that the school is not doing enough, we can help you understand their rights and work towards making sure their concerns are properly heard and addressed.

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Additional Support

If you are not ready to take legal action, or simply want advice and support about bullying, there are organisations that can provide useful information and practical guidance.

Anti Bullying Alliance
Provides information and resources for children, parents, carers and schools about bullying and how to respond to it.
Anti Bullying Alliance

Childline
Provides confidential support for children and young people, including advice and support about bullying.
Childline

Kidscape
Provides advice and support for children, young people and families affected by bullying.
Kidscape

Bullying UK
Provides information and practical advice for children, young people and parents dealing with bullying.
Bullying UK

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