Ask the Expert: Dealing with bullying

A young person I advise has disclosed that he is being bullied at school. What legal recourse does he have?

There are a number of non-legal interventions that can be made to put a stop to bullying. A child or their parent or carer should consult their school’s anti-bullying policy. However, if the child and/or his carers wish to take legal action, they should first consult a solicitor.

Some forms of bullying could actually amount to criminal behaviour. For instance, if the bullied child has been threatened, the bully may have committed the offence of “threatening behaviour” under the Public Order ?Act 1986.

If a bullied child has been physically or sexually assaulted, this could constitute the criminal offence of common or indecent assault. However, children under the age of 10 cannot be held criminally liable.

A civil injunction could also be sought under the Protection from Harassment Act 1997, which also contains two criminal offences which may apply in cases of bullying.
If there is enough evidence, it may be possible to bring a private prosecution against the bully. It may also be possible to seek a judicial review of the school’s failure to take action to address a case of bullying.