Teacher speaks about lack of classroom support and abuse in schools

[HettyMeg]

Teacher from Inverurie talking about lack of support assistants. She's visibly upset and talks about the violence and abuse she's experienced. This is not acceptable!

Is this becoming more widespread? My child is nursery age at the moment so I am not personally knowledgeable about primaries but I have heard a few stories like this, very concerning.

www.facebook.com/share/r/1GMgQEDnpG/

Speech and language therapy availability is incredibly poor, especially for significant ongoing issues that cannot be fixed with a six week block of weekly half hour sessions. In some areas it is pretty much non-existent.

As a first step in case anyone is considering legal action, I have put a basic bullying / assault scenario to ChatGPT. I'll post the advice I've received here.

Please advise on this scenario: My child is being assaulted at school on a regular basis, by another pupil. The school does nothing about it except explain to the child who assaults my child that he should stop doing it. The school can't do more than that, because of local authority policies, which are dictated by the Scottish Government. Can i bring a legal claim?
_
You’re dealing with something no parent should have to tolerate, and you’re right to question whether the school’s response is lawful or adequate. I can walk you through the landscape in Scotland so you understand what options actually exist — including when a legal claim becomes possible.
Short answer
Yes, you can potentially bring a legal claim, but it’s usually not the first step. In Scotland, schools and local authorities have legal duties to protect pupils from assault and to provide a safe learning environment. If they fail in those duties, they can be held legally accountable.
The strength of a claim depends on:
What the school knew
What the school did or failed to do
Whether your child suffered harm (physical or psychological)
Whether the school’s inaction amounts to negligence, discrimination, or breach of statutory duty
1. What duties the school and local authority have
In Scotland, several legal frameworks apply:
A. Duty of care (common law negligence)
Schools must take reasonable steps to prevent foreseeable harm. If the school knows your child is being assaulted repeatedly and does nothing meaningful, that can amount to negligence.
B. Education (Additional Support for Learning) (Scotland) Act 2004
If your child is being harmed and the school’s failure to act affects their ability to learn, the school may be breaching duties around additional support needs, even if your child does not have a disability.
C. Equality Act 2010
If the assaults relate to a protected characteristic (disability, race, sex, etc.), the school may be liable for unlawful discrimination or harassment.
D. Human Rights Act 1998
Children have a right to:
Education (Protocol 1, Article 2)
Protection from degrading treatment (Article 3)
Respect for private life (Article 8)
Repeated assault with no intervention can breach these rights.
E. Criminal law
Assault is a criminal offence. The school cannot prevent you from reporting it to Police Scotland.
2. When a legal claim becomes viable
A claim becomes realistic when:
The school knew about the assaults
The assaults continued
The school’s response was inadequate
Your child suffered harm (physical injury, anxiety, school refusal, etc.)
From what you’ve described — repeated assaults + school doing nothing beyond “telling the other child to stop” — this is exactly the kind of scenario where legal liability can arise.
3. Before going to court: steps that strengthen your position
Courts expect parents to exhaust reasonable remedies first. These steps also create a paper trail that becomes powerful evidence.
A. Make a formal written complaint to the headteacher
State:
Dates of incidents
What the school did or didn’t do
The impact on your child
What you want the school to do
B. Escalate to the local authority
Every Scottish council has a formal complaints process.
C. Contact the school’s governing body or education committee
D. Report the assaults to Police Scotland
You are absolutely entitled to do this.
E. Involve external bodies
Education Scotland (for failure to follow anti-bullying guidance)
Children and Young People’s Commissioner Scotland
Scottish Public Services Ombudsman (SPSO) (after exhausting council complaints)
4. Legal routes available
If the situation still isn’t resolved, you have several legal avenues:
A. Civil claim for negligence
You can sue the local authority for failing to protect your child.
B. Judicial review
If the school or council is acting unlawfully or irrationally by refusing to intervene.
C. Equality Act claim
If discrimination is involved.
D. Personal injury claim
If your child has suffered physical or psychological harm.
E. Human rights claim
If the school’s inaction breaches your child’s rights.
5. Realistically: do parents in Scotland succeed with these claims?
Yes — when the school has repeatedly failed to act. Scottish courts have held local authorities liable when they knew about ongoing harm and did not take reasonable steps.
The key is documenting the pattern of inaction.
6. What you should do next
Here’s the most effective next move:
Write a formal complaint to the headteacher and local authority stating that the school is failing in its duty of care and that you are considering legal action if the situation continues.
This usually triggers a much more serious response.
If you want, I can draft that letter for you — just tell me the tone you want (firm, formal, diplomatic, etc.).
If you’re comfortable sharing a bit more (e.g., how long this has been happening, what the school has said, whether there’s injury or anxiety), I can give you a clearer sense of how strong your legal position is.

Thank you. Do you have any examples of legal cases that have been brought in relation to the bullying of a child at a Scottish school?
Yes — there are Scottish legal cases involving bullying in schools, and the most significant is Scott v Lothian Regional Council (1998), where the Court of Session accepted that a school could be liable for failing to protect a pupil from persistent bullying.
Below is a clear, structured overview of the key Scottish case and the wider legal context.
🧑‍⚖️ Key Scottish Case: Scott v Lothian Regional Council (1998)
This is the leading Scottish authority on school liability for bullying.
Facts
A girl experienced persistent bullying over more than a year.
Incidents included taunting, physical assaults, humiliation, and ultimately a serious sexualised assault where pupils forcibly removed her clothing.
The school knew about earlier bullying and a suicide attempt, but its interventions were limited to warnings and “monitoring”.
The bullying continued, often unreported because the pupil feared retaliation.
Legal Issue
Whether teachers and the local authority breached their duty of care by failing to take reasonable steps to prevent foreseeable harm.
Outcome / Significance
The Court of Session accepted that:
Teachers owe a duty of care to protect pupils from bullying.
A school may be liable if it fails to take reasonable steps once it knows a child is at risk.
The standard is what a reasonably competent teacher would have done in the circumstances.
This case is frequently cited as the foundation for negligence claims involving bullying in Scotland.
📉 Why Scottish case law is limited
The Law Society of Scotland notes that Scott v Lothian is one of the very few Scottish bullying cases to reach court, and that the area remains “underdeveloped” in Scotland.
However, the principles from Scott are still relied upon today.
🧑‍⚖️ Wider UK context (relevant to Scotland)
While not Scottish, UK-wide developments strengthen the legal position of children harmed by institutional failures:
Supreme Court (2019): Local authorities can be liable for failing to protect children
The UK Supreme Court confirmed that local authorities can be sued for negligence when they fail to protect children from foreseeable harm.
This case was not about bullying specifically, but it reinforces the principle that:
Public authorities owe duties of care
Failure to act on known risks can be negligent
This supports the legal reasoning behind bullying claims in Scotland.
📌 What these cases mean for your situation
Taken together, the cases show:
Schools in Scotland have a legal duty to protect pupils from bullying.
If the school knows your child is being assaulted and only “tells the other child to stop”, that may fall far below the standard of reasonable care.
Repeated assaults make harm foreseeable, which strengthens a negligence claim.
Local authorities cannot hide behind policy if their inaction exposes a child to ongoing harm.
Your situation is very similar to the fact pattern in Scott v Lothian, where the court accepted that liability could arise.
📚 Summary Table
IssueLegal Position
Duty of care
Schools must take reasonable steps to prevent bullying.
Failure to act
Can amount to negligence (Scott v Lothian).
Local authority liability
Confirmed by UK Supreme Court (2019).
Repeated assaults
Strong evidence of foreseeability and breach of duty.
Scottish case law
Limited, but Scott is directly relevant.

If you want, I can also help you:
Draft a formal complaint citing these cases
Assess whether your facts meet the legal threshold
Outline the steps to prepare for a solicitor

I’m our LA there is simply a “whole-school transfer” so that it’s not recorded as a permanent expulsion.

NB the deadline for bringing a claim is different for children - more generous - so don't assume your child doesn't have a claim if the bullying happened years ago. Check the rules.

Lord knows.

I retired from my middle management post 8 yrs ago.

The police refused to act on several occasions- they’d ‘leave it in the hands of the school.’

I’m talking about violence against both pupils and staff.

One time a 12 yr old boy shoved a girl against a wall and held a screwdriver to her throat. Apparently, he couldn’t help it because of his ADHD…

When I did supply one time, another boy sharpened pencils and aimed them at my legs. Not his fault, apparently, since he’s on the spectrum.

As I pointed out to the Depute, so am I…

These are the young people who are moving into the workplace in Scotland.

or not…

I've thought about it . Via the uncrc that came into law. I am a teacher but it was for my young primary child who was physically attacked several times.

What claim sorry?

For more than 20 yrs, Scottish police have avoided dealing with children under the age of 16. I’m told that this is partly because those under 16 are dealt with by the children’s panel.

The boy who punched me was passed to SACRO…and SACRO wanted me to hold a restorative conversation.

The police had ‘lost the statements’ and SACRO didn’t appear to know that he’d punched one pupil and three teachers.

Another 15 yr old punched a male teacher and the boy’s parents tried to have the teacher prosecuted. They also set the Sunday Mail on him.

No action was taken against the boy. The LA gave him a female minder whom he ignored.

Just reviewing the emails I got from my child’s school and unfortunately they don’t mention the school telling me that if private was at all an option we should go for it. I think that only happened verbally alas. The fees are a log of money but it’s the VAT that really annoys me. Its as though the tax authorities think I am using private out of choice!

Any potential legal claim that someone might have for their school failing to take reasonable measures to protect them from assaults or other bullying by another pupil.

A private prosecution might be possible. We appear to be in a situation where all the authorities who should be protecting our children have decided it's easier not to bother.

Unfortunately, ChatGpt says that it's difficult to bring a private prosecution in Scotland:

Yes—private prosecutions are technically possible in Scotland, but in practice they’re extremely rare and difficult to pursue.
In Scots law, the prosecution of crime is normally the exclusive responsibility of the state, acting through the Crown Office and Procurator Fiscal Service (COPFS). Unlike in England and Wales, where private prosecutions are more clearly established, Scotland places tighter control in public hands.
That said, a private individual can attempt to bring a prosecution, but only with the permission of the High Court. Specifically, you would need to apply to the High Court of Justiciary for what’s called “criminal letters”. This is essentially the court granting authority for a private party to prosecute.
The hurdles are significant:

• You must show that the public authorities (i.e., COPFS) have refused to prosecute.
• You need to demonstrate that there is a strong prima facie case.
• The court will consider whether allowing the case serves the interests of justice.
• The process is complex and can be costly, typically requiring senior legal counsel.

Because of these barriers, only a handful of private prosecutions have been attempted in modern Scottish legal history, and even fewer have been allowed to proceed. So in short: yes, it’s legally possible—but realistically, it’s an exceptional route used only in rare and compelling circumstances.

Do you know whether the Children's Panel could play a role in a school bullying situation?

I imagine a bully could be referred to them but it would be expected that schools would have decent bullying policies and for these policies to be implemented. Also the children’s panel are considering the interests of the child in front of them so would really be looking for ways to address their behaviour and support them moving forward. That might be by intensive out of school input or pupil referral unit (if any were left).

I don’t think their victim can refer a bully to the panel though.

@Bananasareberries From what you've said it sounds as though the Children's Panel could be quite useful in a bullying situation. But surely the panel should deal with children in the context of real life in Scotland - where schools don't and are in fact not allowed to have effective bullying policies and where the police refuse to get involved. And who would refer a child for this? A parent? A social worker who is already involved with the family? The school itself when talking nicely to the bully doesn't work? It seems that the police would expect a bully under 16 to be dealt by way of the Children's Panel? So isn't that happening? How can the police refuse to act on the basis that it's a Children's Panel matter if the Children's Panel does act in these very common circumstances?

This is the ChatGPT view:

What children’s panels (hearings) actually do
Scotland’s Children’s Hearings System is a welfare-based legal system focused on the child’s needs and behaviour, not punishment. It deals with children who:

• have committed offences, or
• need care, protection, or support

A hearing is arranged when a Children’s Reporter decides there are concerns about a child’s wellbeing or conduct. Do they deal with bullying or assault? ✔️ Yes — if it reaches a certain level A case can go to a hearing if:

• a child commits an offence (which includes assault)
• a child’s behaviour is harming others or themselves
• there are wider concerns about their care, safety, or development

So:

• Serious bullying (especially persistent or harmful behaviour)
• Physical assault (even in school settings)

👉 can lead to a referral to the Children’s Reporter and then a hearing. ❗ But they are not the first-line response Most school bullying or fights are handled by:

• the school’s discipline system
• local authority education services
• possibly police (for more serious assaults)

Children’s hearings usually come in after escalation, for example:

• repeated incidents
• serious violence
• involvement of police
• concerns about the child’s home life or behaviour patterns

How they deal with it (important distinction) A children’s panel does not “punish” bullying or assault in the usual sense. Instead, they decide whether the child needs “compulsory measures of supervision”, such as:

• social work involvement
• conditions on where they live or go to school
• support for behaviour or family issues

The aim is protection and rehabilitation, not punishment. School-specific angle Bullying and assault in schools are normally:

• handled internally (discipline, exclusion, support plans)
• with hearings only becoming involved if:
• the child is persistently not attending school, or
• behaviour escalates into broader welfare or offending concerns

Bottom line

• Yes: children’s panels can deal with bullying and assault cases
• But only when they become serious enough to be treated as:
• an offence, or
• a wider child welfare concern
• They don’t replace schools or police—they step in when a child needs formal intervention and support

If you want, I can walk through a realistic example (e.g., school fight vs repeated violent bullying) and show when it would stay in school vs go to a hearing.

I was thinking more than the panel wouldn’t be first line response. You would be expected to contact the school first. Just looked them up though:

The majority of referrals to the Children’s Reporter come from our partner agencies, such as the police, social work and education.
However, anyone can make a referral to the Reporter – parents, family members, carers or any concerned member of the public can contact the Children’s Reporter if they have concerns about a child or young person and their circumstances.

www.scra.gov.uk/about-scra/how-to-make-a-referral/

Think will have no effect on children being assaulted in the classroom.

So are there any means of a child who is being repeatedly violent being punished? Locked up for a fortnight in a young offenders institution for being charged with assault? Because that’s what it takes to get through to these thugs.

If my child is being seriously and repeatedly bullied at school, can I refer the bully to a children's reporter?

Short answer: you can’t directly refer another child to a Children’s Reporter just because you’re a parent—but you can trigger a referral through the right channels.
How referrals actually work
In Scotland, referrals to the Children’s Reporter are usually made by professionals such as:
the school
police
social work
health services
The Reporter is part of Scottish Children's Reporter Administration, which decides whether a child should go to a Children’s Hearing.
Can a parent make a referral?
Not directly in a formal sense.
However, you can still take steps that may lead to a referral:
✔️ 1. Report the behaviour to the school (first step)
Schools have a legal duty to address bullying. Make sure:
incidents are formally recorded
you escalate to the headteacher if needed
you ask what actions are being taken
If the bullying is serious and persistent, the school may refer the child responsible.
✔️ 2. Contact the police (if there’s assault or threats)
If the behaviour involves:
physical assault
threats
harassment
you can report it to Police Scotland.
They can:
investigate
warn or charge the child
refer them to the Children’s Reporter
✔️ 3. Speak to social work
You can contact your local council’s children’s services.
They can:
assess the situation
decide whether to refer the other child (or both children, if needed)
✔️ 4. Contact the Reporter indirectly
You can contact the Reporter (SCRA) to raise concerns, but:
they will usually need supporting information from agencies
they don’t act as a complaints body against schools
they decide independently whether legal grounds exist
Important reality check
Even if a referral is made:
The process focuses on the child who is bullying, not punishment
The hearing will look at:
why the behaviour is happening
whether the child needs supervision or support
It won’t directly resolve the bullying in school or act as a disciplinary route for your child’s situation.
What’s often more effective for your child
If your priority is stopping the bullying quickly, the most direct routes are:
pushing the school to act (and escalating within the council if needed)
involving police where there is violence or criminal behaviour
documenting everything (dates, injuries, messages)

We are in an extremely difficult situation here, where the Scottish Government, Local Authorities and schools are not maintaining discipline in schools, apparently on ideological grounds, even in the context of children who are repeatedly violent towards other pupils and school staff. And where the police are apparently refusing to get involved. So I think it's useful to know what little can be considered by parents of bullied children. All relevant knowledge puts them in a stronger position.

If my child is being seriously and repeatedly bullied at school, can I refer the bully to a children's reporter?

”Remember, anyone concerned about a child or young person can make a referral to the Reporter.”

https://www.scra.gov.uk/about-scra/how-to-make-a-referral/

Though I imagine they are likely to bounce it onto other agencies (school, sw, police) in the first instance.

Completely agree.

I've been to the police and found it helpful for exerting pressure on the school.

Going forward changes should be made so someone or some body is responsible for children's safety similar to directors being responsible for a business in the case of debt. It could be a HT, head of education at a local authorities, the head of a local area. Just someone who is responsible for safety.

At the moment, no one is.