Bullying and the law


Whilst there is no legal definition of bullying there is still some Law and guidance which schools and other settings must have regard to.

ABA has created a briefing for schools and professionals which outlines the Law with regard to bullying. Take a look!

Schools in England have a legal duty to ensure the safety of all children and young people and to prevent all forms of bullying. Head teachers also have powers to respond to bullying outside of school premises, and to search for and confiscate items that may have been used to bully or intimidate (The Education and Inspections Act 2006: The Education Act 2011).

In Spring 2012 the Department for Education published 'Preventing and tackling bullying in schools - advice for headteachers and governing bodies'.This was last updated in February 2013. This makes the legal duties of schools and colleges clear and is essential reading for all school staff.

Ofsted inspect and regulate services which care for children and young people, including schools. The revised Ofsted framework includes a strong focus on bullying with inspectors looking at schools' actions to tackle all forms of bullying and harassment, including cyber-bullying and prejudice-based bullying relating to special educational need, sexual orientation, sex, race, religion and belief, gender reassignment or disability.

Schools as public bodies have duties under The Equality Act 2010 to eliminate unlawful discrimination, harassment and victimisation. The Department for Education has recently published advice for schools on the Equality Act 2010.

Other information that you may find useful:

[1] The Education and Inspections Act 2006

[2] The Education and Inspections Act 2006: The Education Act 2011

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