Will probably need more detail to be able to provide advice. Specifics around:
1. What was the duty of care responsibility of the school;
2. How was this duty of care breached by the school;
3. What is the resulting damage?
Maybe the school did take "reasonable" steps to make sure the bullies were kept away from your son in the classroom? Just remember that likely (practically) they could not provide complete separation between your son and bullies (at lunchtime for example) by taking "reasonable" actions. I don't think that it would be reasonable to expect they provide full time supervision of you son at all times.
If they failed to take action to stop bullying inside the actual classroom, then they would have failed their responsibility.
Your son is at an emotionally vulnerable age - may be worthwhile getting him to take up self-defence classes, or similar, to improve his confidence and get of the drugs. He wouldn't have to use his new skills to beat up the bullies but he would certainly be more assertive and able to defend himself and his sister from physical violence. Just an extra thought.
Schools are required to put measures in place to support the victim and to address the behaviour of the bully with a clear goal of putting a stop to the bullying,. Implementing anti bullying policies.. ect.
Bullying does not become deemed as appropriate student behaviour and allowed to continue in schools because a school principle decides the bullies wont ever change so dosnt bother. A School Principle and teachers still have legal obligations,policies and ethical responsibilities to uphold and a duty to ensure the welfare and safety of students whilst in their care. IF schools fail to protect the safety of a student when there is a risk of foreseeable harm to the student .. then yeh.. they have been negligent
[QUOTE=Katzpurr] March 2014 until Dec 2016 my son was the target ofÂ schoolÂ bullying that occurred as soon as he walked in the school gates in the morning,whilstÂ at school and walking home from school every single school day from 2014 til 2016.[/QUOTE]
1) Did you report the specific bulling events to the principal of the school?
2) If your son was physically attacked by these bullies, did you make specific complaints to the police?
3) Did you investigate taking your son out of that school and enrolling him in another school?
4) If the answer to any of the above is No, please explain why that is the case?
5) If the answer is Yes to either 1 and/or 2 and there was no action by the relevant body, you may have grounds for legal action against either of those bodies, but you are going to need specific dates and specific details to proceed.
Yes i sure did, i was meeting with the Principle every day and reporting every incident.
I also reported it to the Police but on each occasion they threw it back at the school and stayed I would need to take it up with them. I had 2 also call Police out to my house many times as these boys were also coming to my house most days throwing empty beer bottles and bricks at my house.. or set parts of my front yard on fire.. the Piolice were well aware of what was happening.
I have kept the majority of dates and descriptions believe it or not..
Unfortunatley for the town there is no Police station so there is a high youth crime in the area - they know the Police wont bother most times.. it does concern me the school failed their duty of care back in 1995 (from memory) in quite similar circumstances to my son but on a much larger scale . There were some days I had teachers pull me aside while picking my kids up from the school to 'just thought id let you know but in assembly today there was a really bad incident where all the students were calling your son names and saying some pretty mean stuff and it got out out of control and your son was quiet upset so i grabbed him and had lunch in my class'. No mention from the Principle just a couple of relief teachers pulling me aside.
I also considered enrolling him in a different school a few klms away closer to town but there was many times these kids would wait in their street 2 up, each morning demanding to 'flog' my son before school - had they of cottoned on to him walking to other school by himself they would have done exactly that.
They all ended up beginning high school together - i had already informed that principle what was happening.
After 3 weeks one of the boys was removed from school and shifted somewhere else (after I went to the media) and the others were all suspended.. the high school principle took a hard line and refused to tolerate even name calling.. that was a clear indication to me the primary school were very incapable.
Sounds like there is a much bigger issue that even the school can't control or be held liable for. If the police can't provide protection or action against property damage then what chance does the school have for controlling those responsible for other issues?
Wouldn't the parents (of the bullies) be liable for the actions of the minors?
We are sorry to hear about your son experiencing bullying at school and outside school as well. Bullying is a stressful experience and it can be devastating for the childrenâ€™s confidence and self-esteem. Further, it can be extremely stressful and confusing for the parents to decide on what steps to take to get the bullying to stop. We see in your posts that you tried contacting with the school and the principal but the bullying continued to take place due to inaction by the school.
Anyone would be unhappy with the way your complaint was handled. Had it been dealt with in a strict way, the bullying could have stopped and your son would not have endured the painful experience of bullying for number of years. It appears from your facts that the school clearly was not taking the issue of bullying seriously. It is important to obtain a copy of the school's anti-bullying policy to check if it has the requirements of the policy and if it is being implemented.
Schools owe a duty of care to all of their students and this duty extends to students where they are under the care, control and supervision of the staff members of the school.
We will need further facts and information to determine a claim against the school. Having said that, from your posts it seems that the school knew about the bullying but the school did not take action within a reasonable timeframe to address your concerns.
For a claim against the school, amongst many other factors, some factors that need to be taken into account when assessing a claim against the school are:
1. Whether the school had anti-bullying policies;
2. Whether the school failed to comply with or implement their bullying policies;
3. Whether the school failed to protect the child against further threats or harm despite the knowledge;
4. Severity and duration of the bullying.
Should you wish to discuss this matter further, please feel free to contact us via email on firstname.lastname@example.org, via phone on (03) 8564 8474 or visit our website at www.amklaw.com.au