Bullying and the Law

Bullying in schools is a serious problem. Figures from ChildLine Scotland suggest that the problem is getting worse, despite the increasing awareness and improved anti-bullying policies in schools.

Recent media attention has concentrated on compensation cases brought against schools who have not protected their pupils from bullies. While schools are expected to take reasonable steps to ensure the safety of their pupils, not every failure to do so will result in legal liability. Pupils are only entitled to compensation in such cases if they can prove professional negligence. This can be very difficult to do, and there has never been a sucessful case in the Scottish courts. Despite this, the law involved is not particularly complex and most civil court practitioner solicitors should be able to handle this type of case. For that reason, the Education Law Unit only rarely takes on bullying compensation cases.

Bullying behaviour, such as threats, intimidation and assault are unlawful in civil law. Pupils who are being bullied may be able to ask the court for an interdict ordering a bully to stop this behaviour. In serious cases, the court may attach a power of arrest to the interdict. This can be an effective method of taking legal action directly against the person responsible for the bullying.

Bullying Leaflets for Children and Young People