School Bullying.

Emotional and physical bullying will lower a Childs confidence , self esteem and self worth and future relationships. In severe cases, bullying has contributed to a Childs suicide.

How to stop school bullying?

UK - All schools ( including free/academy ) by law have to have a anti bullying policy and most policy's follow the same format .

some key points regarding the policy

A person or persons subject a person to repeated aggressive acts over a period of time ( i have make bold the key points however the exact period of time is not give in the legal rules - one day can be a period of time)

The Education and Inspections Act 2006

There are a number of statutory obligations on schools with regard to behavior which establish clear responsibilities to respond to bullying. In particular section 89 of the Education and Inspections Act 2006:

• provides that every school must have measures to encourage good behavior
  and prevent all forms of bullying amongst pupils. These measures should be
  part of the school’s behavior policy which must be communicated to all pupils,
  school staff and parents;
  
• gives head teachers the ability to ensure that pupils behave when they are not on school premises or under the lawful control of school staff.

However The Education and Inspections Act 2006 does not apply to independent schools

 

Independent Schools

Independent schools have a new law The Equality Act 2010

The new Equality Act 2010 replaces previous anti-discrimination laws with a single Act.
A key provision is a new public sector Equality Duty, which came into force on 5 April 2011. It replaces the three previous public sector equality duties for race, disability and gender, and also covers age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The Duty has three aims.

• It requires public bodies to have due regard to the need to:
  Eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Act;
• Advance equality of opportunity between people who share a protected characteristic and people who do not share it; and
• Foster good relations between people who share a protected characteristic and people who do not share it.
  
  Schools are now required to comply with the new Equality Duty.
  The Act also makes it unlawful for the responsible body of a school to discriminate against, harass or victimize a pupil or potential pupil in relation to admissions, the way it provides education for pupils, provision of pupil access to any benefit, facility or service,
  or by excluding a pupil or subjecting them to any other detriment. In England and Wales the Act applies to all maintained and independent schools, including Academies and Free Schools, and maintained and non-maintained special schools.

Criminal Law

It is important to bear in mind that some types of harassing or threatening behavior , or communications ,could be a criminal offence

1. Protection from Harassment Act 1997
2. the Malicious Communications Act 1988
3. the Communications Act 2003
4. Public Order Act 1986
5. Human rights act

Other important information

Under the children act 1989 bullying incidents should be addressed as as a child protection concern.

Bullying violates

• Article 2 (Non-discrimination)
• Article 16 (Right to privacy)
• Article 19 (Protection from all forms of violence)

Of your Childs legal rights under The United Nations' 1989 Convention on the Rights of the Child which the UK ratified the Convention on the Rights of the Child (UNCRC) on 16 December 1991. That means the UK government now has to make sure that every child has all the rights outlined in the treaty.

 

Summary

If the child is being bullied the you have some information to help you get it stopped.

Schools must do all that is reasonable to stop bullying ( health and wellbeing )and they have to work within the above legal framework.

If you do have problem stopping the bullying a formal complaint in writing may be needed to the

• head teacher ( Ask what step are being taken to stop the bellying you can add what law you consider are being breached )
• board of governors (Ask what step the head teacher and the Governors are taken to stop the bellying you can add what law you consider are being breached .They have to investigate your complaint and take action to resolve the bullying)
• board of governors ( formal complaint regarding No action by the head teachers - you can add what law you consider are being breached)
• LA ( does not apply to Independent schools and possible free schools - As the board of governors are the Main Employer and not LA)
• Secretary of Sate for Children,Schools & Families ( Formal Complaint in writing But can not intervene until board of governors have made a formal investigation.)

formal complaints can be made in all area ( See Above ) the sooner the school stop and prevents this form of Emotional and Physical abuse the better for the child.