The legal context of bullying
Everyone who works with children and young people has some legal responsibilities:
- Children Act 2004: particular duties in relation to bullying include:
- Section 10: the third outcome, ‘protection from harm and neglect’ specifically mentions bullying
- Section 11: ‘safeguarding and promoting the welfare of children’
- Common law ‘duty of care’: Taking ‘reasonable care to avoid causing foreseeable harm’
- Equalities legislation (Race Relations (Amendment) Act, 2000; Disability Discrimination Act 2005; Gender Equality Act 2007): Schools and other agencies that receive public funding must promote race, disability and gender equality and ensure that pupils are not discriminated against because of these things, including through bullying
Schools must record racist incidents
Schools (including maintained nurseries) have further responsibilities:
- School Standards and Framework Act 1998: Head teachers have a duty to encourage good behaviour and respect for others on the part of pupils and, in particular, prevent all forms of bullying among pupils. They must also have a written anti-bullying policy (can be incorporated into behaviour policy)
- The Education Act 2002: Schools must ‘safeguard and promote the welfare of pupils’
- Education and Inspections Act (2006): Schools have powers under this act:
- To regulate the behaviour of pupils when they are off site or not under the control of teachers “to such extent as is reasonable” (click here for local guidance)
- To search through mobile phones if they suspect they are being used for bullying and/or to confiscate them if they are being used to cause a disturbance (click here for local guidance)
Any measures that schools plan to use to tackle cyber bullying or bullying outside school must be stated in their anti-bullying, behaviour and/or acceptable use (of ICT) policy
The following websites have useful information about the legal context of bullying.
