Anti-bullying - what action can schools take?
Monday 26th September 2011
The Department for Education has recently published revised guidance to ensure teachers have appropriate powers to address poor behaviour, including bullying. Schools have a duty to put in place measures (including disciplinary penalties) to promote good behaviour, and prevent all forms of bullying between pupils. Punishments must be reasonable (e.g. proportionate, age appropriate, and take into account special needs or disability), made by a paid member of staff (or authorised by the Head), imposed when the pupil is under the charge of the member of staff, and not breach other legislation, such as equality law.
Subject to certain rules, disciplinary measures include the power to put pupils under 18 in detention, and to confiscate, retain or dispose of a pupil's property. School staff can search for items banned under the school rules if the pupil agrees, taking account of the ability of the pupil to give informed consent. At present, searches without consent can only be undertaken where there are "reasonable grounds" for suspecting that a pupil may have weapons, alcohol, illegal drugs or stolen items. It is anticipated that these powers will be extended when the Education Bill comes into force. Further, when in charge of a pupil, school staff have the legal power to use "reasonable" force in a number of scenarios, including preventing injury to another pupil. Schools should have regard to the new guidance on Screening, Searching and Confiscation, and the Use of Reasonable Force.
In dealing with bullying, schools must also consider whether there is reasonable cause to suspect a child may suffer significant harm. If so, the issue must be handled as a child protection concern in line with the school's safeguarding policy. As part of this the school should consider both whether the pupil experiencing bullying requires support, and whether the underlying causes of the bullying reveal concerns for the safety of the bully.
In terms of addressing bullying, the government guidance emphasises the importance of a consistent whole school approach, including monitoring incidents and evaluating the effectiveness of strategies, as well as the proactive development of preventative strategies. It advises addressing issues that may provoke conflict, including talking openly to pupils about issues of difference, such as in cultural or family situations, for example through class work and assemblies. Schools could also consider using tailored bullying logs, to analyse when and where incidents occur, and identify and address patterns that emerge.
The power to discipline extends to behaviour outside school, to the extent that it is reasonable to regulate the pupil's conduct at that time. This is particularly relevant to cyber-bullying e.g. through the use of social networking sites, which by its nature may occur outside school. The Behaviour Policy should set out what action the school will take in relation to all poor behaviour and bullying that occurs off school premises, including the punishments that will be imposed. By law this policy must be clearly communicated to all staff, parents and pupils at least once a year. Schools should also ensure that related policies (e.g. Anti-Bullying, Discipline and Acceptable Use of ICT) are kept under review.
It is important that the policies consistently and clearly identify the standards of behaviour expected of pupils, and the disciplinary sanctions that will apply where these standards are not met. Heads should check that the policies appropriately provide for the use of disciplinary powers by staff, and take into account the revised guidance. Heads may want to consider including guidance on the use of particular powers, and whether further training on such issues would be helpful.
Helen Tucker is a Partner and Head of Education Partner at Ashfords LLP. For advice in handling bullying or safeguarding issues, policy development, or INSET training, please contact Helen on 0117 321 8078 or h.tucker@ashfords.co.uk.
Ashfords LLP is regulated by the Solicitors Regulation Authority. The information in this note is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
