This document summarizes bullying laws and policies in the UK and Spain. In the UK, there is no legal definition of bullying but several laws require schools to take measures to prevent it, including developing written anti-bullying policies. Cyberbullying may violate laws against malicious communications. Schools have powers to regulate student conduct outside of school. In Spain, bullying is defined as repeated physical, verbal or psychological abuse between students. Spanish laws protecting victims include the Convention on the Rights of the Child and Constitution. For minors who bully, consequences depend on their age but aim to correct behavior rather than punish criminally. Schools may be liable if they fail to properly supervise students.
4. 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
5. 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)
6. • Bullying can be physical, verbal or
psychological.
• It can happen
face-to-face or
through cyberspace.
DEFINITION OF BULLYING
7. DEFINITION OF BULLYING
Is there any legal definition of bullying?
There is no legal definition of bullying.
8. • 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
9. Schools duties
The law says that school has
to protect all its members and
provide a safe and a healthy environment.
10. 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”.
11. • 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).
Section 89 of the Education and
Inspections Act 2006
12. 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.
13. Section 89 clause 5 of the Education
and Inspections Act 2006
• 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.
Curiosity
14. Education Act 2011:
• Schools can search a student’s property.
• Schools don’t need child’s consent if they
believe that serious harm will be caused to a
person If the search is not
carried out immediately.
15. Children Act 1989
• You must go to the children’s social services
and report it If you believe that a child is
suffering, or is likely to suffer, significant harm.
curiosity
16. 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
Curiosity
17. • A person is protected from discrimination:
• at work
• In education
• Etc…
• https://www.gov.uk/government/publications
/equality-act-2010-advice-for-schools
The Equality Act 2010
Curiosity
18. 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).
Curiosity
19. • Some Cyberbullying activities could be
criminal offences under different laws,
including the Malicious Communications Act
1988 and the Protection from Harassment Act
1997.
Cyberbullying and the law
20. the Malicious Communications Act
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.
Curiosity
21. 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 person’s:
-religion
-beliefs
-gender identity or
-disability
22. • 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.
A hate incidents
26. 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
27. 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
28. 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)
29. 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.
30. INSTITUTE, SCHOOLS, TEACHERS AND
TUTORS
• They may have to pay compensation in the case
they are responsible: “Culpa in vigilando”.
Ana Gómez Telva Fernández Candela Roji
