Preventing and tackling bullying

This page provides information on the duties of schools and local authorities to prevent and tackle bullying in schools.

Departmental Advice published by the Department of Education Preventing and Tackling Bullying  defines bullying as: ‘’behaviour by an individual or group, repeated over time, that intentionally hurts another individual or group either physically or emotionally’’. 

The advice applies to both maintained schools and academies.

A definition of bullying is outlined on the gov.uk website and states that the four key characteristics of bullying are:

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

What statutory duties does a School have to safeguard pupils? 

There are a number of statutory obligations on Schools in relation to preventing and tackling bullying. 

Duty of care

The Children Act 1989 confers an overarching statutory duty of care upon those who have children under their supervision. 

Duty of care is defined in S3 (5) to the effect that a person with care of a child may do all that is reasonable in the circumstances for the purposes of safeguarding or promoting the welfare of the child.

Behaviour/Anti-Bullying Policy

This section applies to maintained schools, academies should check their funding agreement.

Under Education Inspections Act 2006, section 89 Headteachers are required by law to draft a written policy which will include measures to prevent all forms of bullying among pupils. 

Specifically, these measures must be determined with a view to:

• Promoting, among pupils, self-discipline and proper regard for authority 
• Encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils
• Securing that the standard of behaviour of pupils is acceptable
• Securing that pupils complete any tasks reasonably assigned to them in connection with their education, and
• Otherwise regulating the conduct of pupils. 

Some Schools choose to include this information in their overall behaviour policy, whilst others use it as the legislative basis of their anti-bullying policy. For the purposes of clarity it is advisable to include it in an anti-bullying policy that is separate to the behaviour policy but which cross refers to the behaviour policy if necessary. 

Safeguarding and promoting welfare  

This section applies to maintained schools, academies should check their funding agreement.

Section 175 Education Act 2002 places a legal duty on Maintained Schools and Local Authorities to safeguard and promote the welfare of children. 

Safeguarding is not solely synonymous to child protection but also encompasses wider issues of health and safety and bullying. 

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’. Where this is the case, the school staff should report their concerns to their local authority children’s social care. 

Section 175 requires two types of arrangements to be made:

• To take all reasonable measures to ensure that risks of harm to children’s welfare are minimized
• To take all appropriate action to address concerns about the welfare of a child, or children, working to agreed local policies and procedures in full partnership with other local agencies.

What steps can a School take to deal with bullying? 

This section applies to both maintained schools and academies.

A two-step process for dealing with bullying is contained within the Department of Education guidance Preventing and Tackling Bullying. 

Prevention

Schools should look to be proactive in establishing a framework which prevents bullying from being able to materialise in the first place. It is far preferable to prevent bullying before it happens rather than to deal with the consequences after the fact. 

This may be through:

• Establishing a school culture of acceptance, tolerance and respect. 
• Educating pupils about issues of difference, perhaps in lessons, through dedicated events or projects, or through assemblies. 
• Engaging parents and youth – It is important for everyone in the community to work together to send a unified message against bullying.  
• Training teachers and pupils on the School-wide rules and policies. 
• Using specific organisations or resources for help with particular problems such as anti-bullying support groups. 

Intervention

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. The disciplinary measures ought to have the effect of deterring reoffending in the future. 

Schools have a statutory duty under Education Inspections Act 2006, section 89 to make provision for disciplinary penalties in their behaviour or anti-bullying policy. 

Bullying outside of School premises

This section applies to maintained schools, academies should check their funding agreement.

Teachers have the power to discipline pupils for misbehaving outside the school premises “to such an extent as is reasonable”. This power is stipulated in Education Inspections Act 2006, section 89(5). 

Where bullying outside school is reported to school staff, it should be investigated and acted on. The Headteacher should also consider whether it is appropriate to notify the police or anti-social behaviour coordinator in their local authority of the action taken against a pupil. If the misbehaviour could be criminal or poses a serious threat to a member of the public, the police should always be informed. In all cases of misbehaviour or bullying the teacher can only discipline the pupil on school premises or elsewhere when the pupil is under the lawful control of the staff member.

What support can a School Provide?

This section applies to both maintained schools and academies

Provision to meet additional needs

In some circumstances the consequences of bullying may lead to a child or young person experiencing pronounced social, mental or emotional health difficulties. Schools should ensure they make appropriate provision for a child’s short term needs, including setting out what actions they are taking when bullying has had a serious impact on a child’s ability to learn. If the bullying leads to persistent, long-lasting difficulties that cause the child or young person to have significantly greater difficulty in learning than the majority of those of the same age, then schools should consider whether the child will benefit from being assessed for SEN.

Education for a student suffering from bullying

Schools should do all they can to ensure bullied children continue to attend school. This could include using separate on-site provision that provides respite for bullied pupils, whilst maintaining their educational progression.

In extreme cases, where the effects of bullying are so severe that it is not possible to reintegrate a child back into their school, then other arrangements must be made for the pupil to continue their education. In the first instance this may involve the transfer of the child to another mainstream school. Where a child has developed complex needs as a result of bullying, which cannot be met in mainstream education, then alternative provision may need to be arranged.

Peer support

Students can be trained in active listening or mediation skills to help bullied children.

Pastoral care teams 

In each school, Guidance and Pastoral Care teams are responsible for pupils’ wellbeing and they dedicate time, energy and expertise to encouraging and advising pupils. Each school has its own pastoral care aims that describe how pupils will be supported and nurtured.

A referral to an external organisation such as Children’s Services or CAMHS 

Details of this should be in your child protection policy

What potential legal action can an Education provider face in relation to Bullying?

Negligence

A parent may be able to sue the school, teacher or LEA for damages as compensation for psychiatric damage or physical injuries suffered by their child as a result of a school or teacher negligently failing to act to protect your child from bullying. 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 of negligence is very complex. For a case to be successful, it would be necessary to prove the following things:

1. That the child has been bullied.
   There is no legal definition of 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.
2. That the teacher or school owes the 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.
3. That the 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.
4. That the harm was foreseeable
   It must have been reasonable to expect that the teacher or school could foresee that the child might suffer harm or damage.
5. That the harm suffered was a direct result of the teacher and school negligently failing to act to protect the 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. 

Judicial Review

Judicial Review is a public law action which can be taken against a School or a Local Education Authority for their respective failures to appropriately deal with an instance of bullying. 

In judicial review, the court examines the way in which a decision has been reached and not the merits of the decision as such. An application may be successful, for example, where the school or LEA: 

• Failed to follow proper or correct procedures;
• Did not apply the law correctly; or
• Acted so unreasonably that no other school or LEA would have reached such a decision.

Unless it is proved that the LEA, 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 LEA to act to stop the bullying.