BULLYING IN U.K.

BRITISH LEGISLATION
Children Act 1989

Section 89 of the Education and Inspections Act 2006

The Independent School Standards Regulations 2010

The Equality Act 2010

Education Act 2011

the Malicious Communications Act 1988

 DEFINITION OF BULLYING

The repetitive, intentional

hurting of one person
or group by another person
or group, where the
relationship involves an
imbalance of power.
(The Anti-Bullying Alliance)
 DEFINITION OF BULLYING

Bullying can be physical, verbal or

psychological.

It can happen
face-to-face or
through cyberspace.
 DEFINITION OF BULLYING

Is there any legal definition of bullying?

There is no legal definition of bullying.
 Schools duties

The Department for Education (DfE) has

prepared guidance for all schools to prevent
bullying :
https://www.gov.uk/government/publications
/preventing-and-tackling-bullying
 Schools duties

The law says that school has

to protect all its members and
provide a safe and a healthy environment.
 Section 89 of the Education and
Inspections Act 2006

schools must take measures to encourage

good behaviour and to stop bullying.
These measures must be communicated to
pupils, school staff and parents.
The measures must be written
in a document.
 Section 89 of the Education and
Inspections Act 2006
Pupils should participate in the process of
taking measures and supervising the anti-
bullying policy of the schools. (The Article 12
United Nations Convention on the Rights of
the Child 1989).
 The Independent School Standards
Regulations 2010
It says that the proprietor of an Academy or
other independent school must ensure that
they have an effective anti-bullying strategy
too.
 Section 89 clause 5 of the Education
and Inspections Act 2006
curiosidad
The Department for Education (DfE):
Head teachers have the legal power to make
sure pupils behave correctly outside of school
(state schools only) .
For example: public transport, outside the
local shops, in a town or village centre.
 Education Act 2011:

Schools can search a students property.

Schools dont need childs consent if they
believe that serious harm will be caused to a
person If the search is not
carried out immediately.

ESTA NO LA ENTIENDO
 Children Act 1989
You must go to the childrens social services
and report it If you believe that a child is
suffering, or is likely to suffer, significant harm.

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 The Equality Act 2010
It is against the law to discriminate or because
of:
- age, sex, religion, believes, disability, race,
- being pregnant or having a child
- transsexualism
- marriage or civil union

CURIOSIDAD
 The Equality Act 2010
A person is protected from discrimination:
at work
In education
Etc
CURIOSIDAD

https://www.gov.uk/government/publications
/equality-act-2010-advice-for-schools
 Cyberbullying and the law
The Head Teacher has the power to such an
extent that is reasonable, to regulate the
conduct of pupils when they are outside the
school. (the Education and Inspections Act
2006).
They also have additional power to confiscate
any kind of electronic device. (The Education
Act 2011).
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 Cyberbullying and the law
Some Cyberbullying activities could be
criminal offences under different laws,
including the Malicious Communications Act
1988 and the Protection from Harassment Act
1997.
 the Malicious Communications Act
CURIOSIDAD 1988
It is an offence:
a) when a person sends to another person a
letter, an electronic communication or an
article with:
a message that is indecent or grossly offensive.
A threat.
A false information.
b) That person must have the purpose of
causing anxiety or distress.
 Hate crimes
It is a hate crime when a person says something that it
is perceived by the victim, or any other person as:
-racist
-homophobic
- transphobic (discrimination against
transsexual)
-Or because of a persons:
-religion
-beliefs
-gender identity or
-disability
 A hate incidents
A hate incident : the victim or any other
person perceives the incident to be motivated
by hostility or prejudice towards any aspect of
his/her identity.
Contact Stop Hate UK if you think that a child
or young person in your school might have
been victim of a hate crime/incident.
http://www.stophateuk.org/ or you can call 0800 138 1625.
 WEBGRAPHY
http://www.legislation.gov.uk/
https://www.gov.uk/bullying-at-school/the-
law
BULLYING IN SPAIN
SPAIN LEGISLATION
 DEFINITION OF BULLYING

It is physical, verbal or psychological

abuse that happens between pupils
repeatedly and for a long time.

Acting with violence,force

Having the intention of hurting (harm
threaten and scare)
Aggressive actions repeatedly
 WAYS OF ACTING

Individually
Collectively
Cyberbullying

SOLUTIONS IN SCHOOLS AGAINST

The R.O.F.: Bullying is considered as a
serious behaviour and the bully can be
expelled from the Centre
 SPANISH LEGISLATION THAT PROTECT THE
VICTIMS

Convention of the Rights of the Child

Spanish Constitution
Penal Code
Organic Law of Criminal Responsibility of
Minors (LO5/2005)
 JUDICIAL SOLUTIONS
A) If the bully/stalker is under 14:
He is not criminally responsible.
Only the R.O.F. is applicable.
B) If the bully/stalker is older than 14 but younger than 18:
He may be criminally responsible according to the LORPM and
civil responsible too, BUT:
The minor will not go to jail
Security Measures will be taken: the minor will have to go to a
Specific Center for Minors and pay compensation.
C) If the stalker is older than 18:
He may be accused of bullying which is a specific criminal
offense in the Spanish Criminal Law.
INSTITUTE, SCHOOLS, TEACHERS AND
TUTORS

They may have to pay compensation in the case

they are responsible: Culpa in vigilando.

Ana Gmez Telva Fernndez Candela Roji