BULLYING: THE LEGALITY IN SPAIN

AND U.K.

ANA, CANDELA &TELVA 4º BILINGUAL E.S.O.

HUELIN 2017

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)

• Bullying can be physical, verbal or psychological.

• It can happen

face-to-face or

through cyberspace.

DEFINITION OF BULLYING

DEFINITION OF BULLYING

Is there any legal definition of bullying?

There is no legal definition of bullying.

• 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

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”.

• 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

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

• 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

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.

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

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

• 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

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

• 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

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

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

• 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

WEBGRAPHY

• http://www.legislation.gov.uk/

• https://www.gov.uk/bullying-at-school/the-law

BULLYING IN SPAIN

SPANISH 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 Gómez Telva Fernández Candela Roji