Bullying, can we secretly record a bullying child?

[Imagineallthepeople]

Name change for this.

My ds has a mild but visible disability. I'm really proud of him for finding ways to do everything, and that his disability has never been an issue.

Now at 12 yrs old another child has begun seeking him out to tease and name call - insults relating to his disability

The perpetrator is a popular child, my ds is less so.

When challenged, the perpetrator denies the things he says and nothing has happened to hold him to account or stop him.

I am seething that after all these years this little turd is rocking my ds's world.

So, legally, where would I stand if I allowed my child to secretly record the perpetrator? Could i share the recordings with school/Clubs? Would it help? Am I just going nuts?

I am so hurt, angry, and feel powerless to defend my ds.

Ilikethatsong123 illegal means it's a criminal offence so I think we can safely assume your friend knows bugger all about the law and culpability.

As it's your child doing the recording, go ahead and let them record the nasty bully and then show the recording to school, clubs, parents etc.

Where are you planning on recording this child and how? If it is on a school site you could get yourself into hot water.

I would query the use of the term " illegal" under these circumstances. If it was a police investigation which intended to covertly record individuals without their knowledge then it couldn't be undertaken without very explicit thresholds being met and permissions sought from quite a high level. ( and would be illegal without these in place) I don't know what legislation would cover recordings in these situations.... unless someone could enlighten me? ( I shall google in a moment). I would do the recording off school premises if possible and then they have no reason to comment about breach of school rules etc. People covertly film outside their houses all the time when they are victims of anti social behaviour without masses of issues. You may find that the suggestion that a recording has been made may be enough to have an impact on the bullies behaviour.

I'd point out to the school that hate speech against people with disabilities is against the law and say if they don't deal with it appropriately then you'll go to the police. Also, I don't believe for one second that nobody else has heard what this boy is saying.

Looking in eBay these devises are really cheap and record 96 hours

Easily placed in your sons jacket without him realizing it's there

Worth a try even if it gives you an idea of what's happening

Gosh what a pathetic, nasty piece of work this child sounds. Infuriating.

I also would do it. I mean record it and explain to the school that it was the last resort due to the school's failure to protect your child.

Bullying... We had a bad episode of an inefficient, useless school as far as discipline is concerned. The school had a bad publicity, once appeared in the local papers for some kids killing a sick cat outside of the school premises and several others chanting "kill, kill...". One of the residents saw it from his window and called the police and alerted the school and it went to the local paper too. I was a parent governor and i had been to the urgent governing body meeting held because of the newspaper article and head was mostly upset by the fact that the local paper published it ie school's reputation went downhill, as well as upset for the cat as she was a cat lover! Yet few months later a lunatic 11 year old girl tried to strangle a 7 year old girl in the girls toilets without any reason, the head and slt did almost nothing apart from talking to the big girl. Little girl's parents called the police!
And i only know all these because i was a parent governor, it was mentioned in the meetings. Other parents were unaware of all these unless it effects their children directly.

I took my child from that school immediately. The second school was much better in discipline. Never regretted changing schools.
Is it an option to change schools if the situation is not resolved?
It doesn't answer your question but, at the very end of it, if you can't work with that school, please do consider changing the schools.
Best of luck.

My daughter did this once and was told off for using her phone during school time. I would suggest using something other than a phone that isn't named as a banned item iyswim. Def record it though.

In a public place I think it would be fine, on school premises I a not so sure

I just did a quick search on a law site about this question and their answer is below - I think you could easily argue it was in the " public interest " to share a recording with a third party ( i.e. Headteacher) if this in relation to anti social / potentially criminal behaviour. I can't bold for some reason but the below is a copy from the site.

*To preface my answer, this aspect of UK law is unclear at best and I try to set out general principles where available.

a) If you are acting in a private sphere, then the recording of conversations are unregulated, however this is only for personal use - i.e. should you desire to make notes on what was said for your reference at a later date. Should you wish to share it with a third party, then you would need consent from all participants or be able to demonstrate that it would be in the public interest*

Well given that you're allowed to stick a camera up a woman's skirt and film her then pop it on an Internet site without her having any legal recourse I'd say you're okay here op.

I'd do it wouldn't care if it was illegal. Isn't it illegal to attack people though?!

I dont think any legislation was designed to protect bullies, let them go ahead and try to sue you. I think most people would agree its in the public interest to protect a child being bullied.

If I were you, I would get your dc to record sound only - which should be simple and discreet enough. I don't know if it is illegal but even if it is, your dc is just a child and below the age of legal responsibility.

I would be careful to share it only with the school and not broadcast it widely. The fact they know you have a recording, even if covertly obtained, will prove your case and also they know they cannot bury it.

If you somehow have a video recording, it would be good to just keep that up your sleeve and not share it except in extremis. It acts as an insurance policy if this gets ugly.

Its not bullying tagets your DS because of his disability. It is a disability hate crime and a criminal offence. If the other child is 12, could you report him to the police?

report-it.org.uk/disability_hate_crime1

gosh, was meant to say:
Its not bullying if he targets your DS because of his disability. It is a disability hate crime and a criminal offence. If the other child is 12, could you report him to the police?

I guess you witnessed it and could do a witness statement? I would not record it as such.

I would also do the recording. Protecting your child is paramount. The school/clubs are not dealing with it. You're not going to use it in court. What the child is saying to your DS is in public if they are at school or at a club.

Desperate times sometimes require desperate measures.

People cheerfully film one another being vile (remember the happy slapping craze?). I don't imagine that a victim filming someone being vile would be in a worse position - provided the results aren't shared on social media and are deleted once shown to the group leader/parents.

One of the kids at our school recorded a bully laying into a lad he had been tormenting for ages. Major fight when he finally snapped. Sent the recording to the head with a message to say what had been going on. Kids were dealt with. No further recourse.

Oh - and a teacher who takes photos up pupils' skirts is not a criminal because girls at school have no expectation of privacy.
www.independent.co.uk/news/uk/home-news/teacher-andrew-corish-film-up-schoolgirls-skirts-no-prosecution-not-illegal-judge-rules-croydon-a8041806.html - so I'm not sure the bully could expect any privacy.

I've recorded children
A group were following my DD and standing outside our house calling her name's
I recorded them on my phone and showed it to the PCSO
She seemed happy enough and delt with them

When dd was consistently bullied I took action that upset other parents and resulted in the head ringing me at home to tell me off. Bloody worked though dd was never bullied again. I would do the same again.

Saving my child from bullying v upsetting great big adults. No contest!

Recording is not illegal whether covert or not. The broadcasting of the recording for example on social media would be against the Telecommunications Act. That's what we were advised to tell service users by our legal department so I'm hoping it's correct.

You only have to tell people they're being recorded if you're relying on using it in court

^^ this is what I was told by a legal person who helped us with a small claims thing