The Law: what do I have to know?
Every school must have measures in place to prevent all forms of bullying.
The Education and Inspections Act 2006
Section 89 of the Education and Inspections Act 2006 provides that maintained schools must have measures to encourage good behaviour and prevent all forms of bullying amongst pupils. These measures should be part of the school’s behaviour policy which must be communicated to all pupils, school staff and parents.
Independent School Standard Regulations 2010
The Independent School Standards Regulations 2010 provide that the proprietor of an Academy or other independent school is required to ensure that an effective anti-bullying strategy is drawn up and implemented.
Please read our sections on this page on The Equality Act 2010, Cyberbullying and the Law, Criminal Law and Safeguarding . We also provide information on bullying which takes place out of school.
The Ofsted framework for inspection 2015 is essential reading to inform you on how Personal development, behaviour and welfare will be inspected.
Although bullying in itself is not a specific criminal offence in the UK, it is important to bear in mind that some types of harassing or threatening behaviour – or communications – could be criminal offence, for example under the Protection from Harassment Act 1997, the Malicious Communications Act 1988, the Communications Act 2003, and the Public Order Act 1986.
If school staff feel that an offence may have been committed they should seek assistance from the police. For example, under the Malicious Communications Act 1988, it is an offence for a person to send an electronic communication to another person with the intent to cause distress or anxiety or to send an electronic communication which conveys a message which is indecent or grossly offensive, a threat, or information which is false and known or believed to be false by the sender.
Certain incidents could be regarded as a hate crime, while others may be assault if physical injury results. In July 2016 The Home Office issued a Hate Crime Action Plan.
Recent legislation has been passed to address so called Revenge Porn – when intimate or private images are shared after a relationship breaks down.
In addition, there is police and CPS advice on issues of shared self generated intimate images.
The law relating to Cyberbullying is discussed below.
Bullying outside school
Teachers have the power to discipline pupils for misbehaving outside the school premises “to such an extent as is reasonable”. This can relate to any bullying incidents occurring anywhere off the school premises, such as on school or public transport, outside the local shops, or in a town or village centre.
Where bullying outside school is reported to school staff, it should be investigated and acted upon. 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.
More detailed advice on teachers’ powers to discipline, including their power to punish pupils for misbehaviour that occurs outside school, is included in ‘Behaviour and discipline in schools – advice for headteachers and school staff’.
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. Even where safeguarding is not considered to be an issue, schools may need to draw on a range of external services to support the pupil who is experiencing bullying, or to tackle any underlying issue which has contributed to a child engaging in bullying.
Cyberbullying and the law
The legal framework described on these pages that applies to bullying generally, is of course also relevant to cyberbullying. But there are other aspects to take into consideration.
For a detailed description of Cyberbullying and the Law, download this guide from esafetyforschools.com
The Equality Act
The 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 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 conductprohibited by the act
advance equality of opportunity between people who share a protected characteristic and people who do not share it
foster good relations between people who share a protected characteristic and people who do not share it.
Maintained schools and Academies are required to comply with the new Equality Duty.
Part 6 of the Act makes it unlawful for the responsible body of a school to discriminate against, harass or victimise 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 Part 6 of the Act applies to maintained schools and Academies and to other independent schools.