Bullying
Bullying in schools is a serious and growing problem that we have investigated in a number of cases. It should be said that attention to the issue has led to more reports being received. It is always possible that some of these incidents are somewhat opportunistic but serious incidents require very detailed attention. They require very detailed investigation because unlike a straightforward incident like a trip and fall, there are often a number of allegations. These also tend to be stated in a very general way. It is difficult to seperate cases where there is genuine serious behaviour of this nature. We have found that in many cases plaintiffs are prepared to take on the school or college when what has really happened is that there has been some kind of assault by individuals.
In September 1993 the Department of Education and Science issued Guidelines On Countering Bullying Behaviour In Primary And Post-Primary Schools. These guidelines do not have the force of law but all principals were written to at the time with a departmental circular. The guidelines described the types of behaviour that will be considered bullying behaviour. It is suggested that schools deal with this as part of their code of behaviour and that they also have a School Policy relating to bullying.
The Education Welfare Act 2000 sets out under section 23 that all schools shall have in place a Code Of Behaviour. It is required that the court shall specify the standards of behaviour that shall be observed by each student attending the school, the measures that may be taken when a student fails or refuses to observe the standards and procedures that must be followed before a student can be suspended or expelled. It is a requirement of the Act that the principle shall provide the parents of any child registering at the school with a copy of the Code Of Behaviour. The principle may as a condition of registering the child require that the parents confirm in writing that the code is acceptable to them.
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