UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law
This answer was rated:

my daughter has been accused of bullying her long term friend

after a fall out,now her...
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)
Show More
Show Less
Ask Your Own UK Law Question
Answered in 3 minutes by:
7/12/2013
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 48,455
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Verified

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
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 48,455
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Verified
Ben Jones and 87 other UK Law Specialists are ready to help you
Ask your own question now
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 48,455
48,455 Satisfied Customers
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

48,455 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,752 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

Stuart J

Stuart J

Solicitor

7,349 satisfied customers

PGD Law. 20 years legal profession, 6 as partner in High Street practice

Clare

Clare

Solicitor

9,479 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
I've got an issue with trying to retrieve some personal
Hi good morning I've got an issue with trying to retrieve some personal items many years after divorce … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,479 satisfied customers
I believe I have been impersonated, by phone, email and
I believe I have been impersonated, by phone, email and maybe signitures. this has been to government bodies, and may be other places. How do I prove this, and if I can prove it how do I deal with it.… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,453 satisfied customers
Max Lowry! Would you be so kind to confirm that You as
Dear Mr. Max Lowry ! Would you be so kind to confirm that You as Notary Office notarised Refund Recourse Letter issuing by International Brokers Limited today 14th of November 2017 … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,479 satisfied customers
I went to a meeting regarding a claim against timeshare
I went to a meeting regarding a claim against timeshare misold after accepting this “free” holiday.This was yesterday in Adelje I realised overnight that it is ascam and O have signed to pay an extre … read more
Jamie-Law
Jamie-Law
4,890 satisfied customers
This is important but can you verify if there is a
This is important but can you verify if there is a practicing lawyer named John Eric in London, England suppose to be an accredited lawyer for the bank of England and law firm ***** ***** & Associates… read more
Thomas
Thomas
Lawyer
Bachelor's Degree
2,176 satisfied customers
I have recently been to the family court and was advised to
I have recently been to the family court and was advised to sign a general form of undertaking to not allow my partners father to have unsupervised contact with my children. I was assured that this wa… read more
Clare
Clare
Solicitor
Bachelor's Degree
9,479 satisfied customers
I have worked with an American owned Company (UK based) from
I have worked with an American owned Company (UK based) from Jan2010. My job title was Telemarketing Executive. I was provided a basic salary (increased annually) a yearly incentive payment (paid in D… read more
Ben Jones
Ben Jones
UK Lawyer
48,455 satisfied customers
I have endured bullying and intimidating behaviour at work.
I have endured bullying and intimidating behaviour at work. I pointed this out to my Group Secretary and asked if she could move me which she did. However she did not inform the Secretarial Partner ab… read more
Expert
Expert
My father died intestate so my brother and me inherit
My father died intestate so my brother and me inherit everything equally , estate comes to approx £385000, £325000 of that being a property. What is our inheritance tax threshold? I'm confused , is it… read more
frantzgregory
frantzgregory
599 satisfied customers
I am in Southend Magistrates court on the 27th November for
Hello there I am in Southend Magistrates court on the 27th November for criminal damage for smashing my partners phone and assault and beating her … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,453 satisfied customers
Can bailiffs take my van and tools that I use to earn my
Good morning can bailiffs take my van and tools that I use to earn my living I get parking tickets trying to do my job They then clamp me and say they will take the van and sell it regards mel… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,453 satisfied customers
I'm on Tier 2 work permit with appropriate salary and I
Hi, I'm on Tier 2 work permit with appropriate salary and I would like to invite my family (mom & bro) to UK to spend Christmas holidays. I read I should accommodate them and need an approval letter f… read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
34 satisfied customers
We are looking at getting my husband added on pop his
We are looking at getting my husband added on pop his brother is current but arranged it without getting my husband on too. Which he made clear at start to be included, we think it's not good for just… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
1,984 satisfied customers
I took out a warranty agreement with a Satellite Firm
I took out a warranty agreement with a Satellite Firm "Satellites 4u " to cover my sky hd box etc for a term of 3years at a cost of £229 on the 16th August 2011[by telephone -their call]. I then reali… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,453 satisfied customers
My wife has been bruitally and excessivelly manhandled by
my wife has been bruitally and excessivelly manhandled by the police and as a result of this she has had her arm twistwed up her back so severely that she has been admitted to hospital because the ten… read more
Clare
Clare
Solicitor
Bachelor's Degree
9,479 satisfied customers
Is it legal for supermarkets to give you parking fines if
Is it legal for supermarkets to give you parking fines if you are parked in their carpark for more than 3 hours? I was given a fine of £70 for parking in the carpark for one day. The letter said that … read more
TNV
TNV
Bachelor's Degree
883 satisfied customers
A friend of mine had her account frozen by Barclays after
A friend of mine had her account frozen by Barclays after she received transfers from the same client (who has visited the branch to confirm legitimacy) within a period of several hours. They subseque… read more
Jamie-Law
Jamie-Law
4,890 satisfied customers
Can I cancel my booking? by mistake I booked twice for the
hi there, can I cancel my booking? by mistake I booked twice for the same trip. … read more
Jamie-Law
Jamie-Law
4,890 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x