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Ben Jones
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38844
Experience:  Specialist in UK Law with expertise in UK Employment Law
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my daughter has been accused of bullying her long term friend

Resolved Question:

my daughter has been accused of bullying her long term friend after a fall out,now her friend is being nasty to her and there circle of friends. her friend has become isolated now so she has tried to renew friendships but no one is interested so because of this she has stayed of school blaming my daughter of bullying. my daughter starts secondary school this summer and we want this resolved before she starts(to which her old friend will be going)
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What would you like to achieve in this situation?

Customer:

we as a family would like to clear my daughters name of whats going on because inside its effecting because the whole class is talking about it and when stuff keeps going it sticks

Ben Jones :

Do you believe your daughter has been the subject of bullying herself?

Customer:

she has had names thrown at her

Ben Jones :

Resolving this issue may not necessarily be easy so I will be honest with you from the start. At present it appears that this is your (and your daughter's word) against the other person and their daughter's words. There could be others who were witnesses to what has happened but at that age they may not really be able to provide credible evidence.


 


So if there continues to be a divisive difference in opinions, it can only really be resolved where both parties agree to cooperate with each other and forget their differences. I know that this is easier said than done but it is the reality of the situation.


 


The school can be involved but there is only so much they can do and their real involvement will come if it becomes apparent that this situation is disrupting the schooling of the other students or if it becomes an intolerable situation. That is when they can consider disciplinary action (if that is allowed under your contract) or even termination of the contract.


 


In terms of bullying, if a child is being bullied at school, the parent/guardian should approach the school to tell them about the situation and find out what they are doing, or planning to do, to deal with the problem. The parent/guardian would be expected to follow these steps:



  • Talk to the child to find out what has happened

  • Talk to the class teacher about the problems the child has experienced

  • Talk to the head teacher if the class teacher’s response is unsatisfactory

  • Consider making a formal complaint to the school if necessary


 


If all else fails, you may wish to consider legal action. Some forms of bullying may amount to criminal behaviour. Where a child who has been bullied has been threatened, the bully may have committed the offence of ‘threatening behaviour’ under s.4 of the Public Order Act 1986. If the bullied child is physically assaulted, the bullies may have committed the criminal offences of common or indecent assault.


 


In addition, you may also consider action under the Protection from Harassment Act 1997 if you believe the child has been harassed by its bullies.


 


In terms of civil action, you may be able to sue the school for damages as compensation for psychiatric damage or physical injuries suffered by your 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.


 


However, the law of negligence is very complex. For a case to be successful, it would be necessary to prove the following:



  • That your child was bullied

  • That the school/teacher owed the child a duty of care

  • That the child has suffered as a result of the bullying

  • That the harm was foreseeable

  • That the harm suffered was a direct result of the school negligently failing to act to protect your child


 


Finally, if your child attends an independent school, you have entered into a contract with the school on behalf of your child. The school agrees to provide services to your child and may be sued if it fails to provide such services.


 


A private school contract may include an express obligation on the school to provide a reasonably safe environment for your child. Even if not expressly stated, such an obligation would be considered by the courts to be implied in the contract. A school which failed to provide such an environment could be sued for breach of contract in the civil courts. For example, this might happen where a school fails to provide adequate supervision to prevent serious bullying and a child suffers physical or psychological harm as a result.


 


Remember that all of the above rights will also apply to the other child.

Customer:

can we demand written statements from the teachers and school saying to the fact that nothing has gone on so if the situation should resurface during the new school year we can pass on the statements to the new school. in doing so that would mean we know where the school stands on this situation and have some back up

Ben Jones :

Unfortunately you cannot force the school to issue such statements, especially if they are unsure whether that is the case in reality or not - they may not be comfortable in putting their names to such claims

Customer:

apart from sitting back and waiting for the situation to change is there anything we could ask to be prepared to resolve issue

Ben Jones :

the best is always to have some evidence that backs up your case, so anything that can help would be useful, such as a diary of events - that is always helpful in alleged bullying cases as most acts are verbal/physical with no documentary trace

Customer:

ok thank you for advice

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you and all the best

Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38844
Experience: Specialist in UK Law with expertise in UK Employment Law
Ben Jones and 2 other UK Law Specialists are ready to help you

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