School bullying in the eyes of the law - Part 1

Recently, news websites have been bombarding us with information about the shocking bullying at the primary school in Blovice. Unfortunately, practice shows that bullying is also present in other schools. And this problem must be addressed to prevent acts of bullying by children, such as the recent one in Finland.

Since we see that parents of victims have no idea how they can legally proceed if their child becomes a victim of bullying, we have decided to bring you a series of articles in which we will outline the basic principles of dealing with this unpleasant situation so that you know what you may face and are thus prepared.

It is important to remember that each case is individual and requires analysis. The result will be a proposal for the most appropriate targeted approach to deal with your situation. We will assist you sensitively and willingly in choosing the most appropriate legal course of action if necessary.

When dealing with bullying, you may encounter:

1. your class teacher, the head teacher or the school principal,
2. the Czech School Inspectorate or the Education Ombudsman at the Ministry of Education
3. the Police of the Czech Republic and the children's social protection authority (OSPOD),
4. with the courts, for example, in the context of compensation for injury to (mental) health and damages.

Before going into a more detailed analysis, we must point out that our articles are not intended to inform about how to work with bullied children. This information is best obtained from a child psychologist and other professionals involved in social counselling. Our articles therefore focus exclusively on the legal options for defending your child against bullying and ensuring that the defective situation is corrected.

I have found out that my child is being bullied, what should I do?

First and foremost, find out as much information as possible from your child in a gentle manner and secure evidence. This may include medical reports, printscreens from (class) social networking and communication apps (Messenger, WhatsApp, etc.), destroyed belongings of your child, etc. Remember that nowadays it is common for most bullying to take place in cyberspace, which may not be visible at first glance.

There is often a sense of shame and fear associated with bullying, so in many cases children do not address the aggression towards them, they do not confide. They are afraid that the whole situation will turn against them once the aggressor learns that they have been denounced. It is therefore important never to blame the child for not confiding. It is also very important not to make light of the situation.

Beginning or less intense bullying

If your child is the victim of an act that is not intense enough to be dealt with directly by the police (rely on your own judgement here), contact the class teacher and the school's prevention methodologist. Inform them of what is happening, ask for a proper investigation and information on the proposed solution. If they do not immediately initiate an investigation leading to the necessary action, contact the school principal.

Report the matter by email before proceeding to a verbal hearing, and request a written response by email. This is because written communication (including email) is far more demonstrable in the event of a future dispute, as it will be obvious at a glance what has been reported and how the school approached it.

The school has an obligation to investigate and address the situation. A school has a duty under the Education Act to protect its pupils and students. It is advisable to arrange in writing in advance a meeting with the school management to discuss the situation. The participants in the meeting, especially the parents of the victim, should insist that minutes of such a meeting be taken and signed.

If there is no solution in sight and the matter has not been resolved with the headmaster, the only option is to contact the Czech School Inspectorate (CSI). In your complaint, it is advisable to specify not only the facts but also to state what misconduct you see in the school's procedure. If you do not know how to write a complaint to the CSI, we can help you. A well-written complaint can significantly speed up the investigation of the situation.

In any case, the CSI investigation will take time, during which time the aggressor's unacceptable behaviour towards your child may still occur. If this is the case, again deal with the school management and demand immediate action. Of course, we can represent you in the negotiations and demand that the school follows the guidelines of the Ministry of Education.

If the CSI discovers deficiencies in the school's activities, it will reproach them and demand that they be corrected. The school will probably also be ordered to inform you of the action taken. Ideally, the measures taken will lead to remedial action.

Intense bullying

If you find that your child has been the victim of an act that you would normally report to the police (e.g. a physical assault that has left marks on the child - a broken head, broken arm etc.), we recommend that you contact a law firm straight away to make a legal qualification and prepare you for the next course of action.

Of course, the school, OSPOD, CSI should be confronted again after the police have been notified. This can already take place in a coordinated manner under legal representation. Practice has shown that this is probably the better course of action, as until the lawyers take over the legal representation, parents are often faced with a downplaying of their child's situation.

If the above-mentioned procedures do not lead to the goal, there are other options to defend oneself. In addition to procedural complaints about delays in the proceedings, it is possible to contact the Education Ombudsman or to negotiate with the school's founder (the relevant municipality or region).

Summary

If you discover that your child is a victim of bullying, find out as much information as possible from him or her. In addition, try to secure as much evidence as possible (social media messages, damaged items, photos, etc.). Then assess the severity and contact the school or the police directly.

If you are unsure of your child's situation, if you are experiencing belittling of your child's situation, or if you are experiencing inaction on the part of the school and authorities, please contact our office. We will help you to find your way around the situation, suggest further coordinated action and guide you through all the procedures that are relevant to dealing with bullying.