From: NSPCC Safeguarding in Education Service
Briefing: Roles and responsibilities of schools, academies and colleges
in England for tackling bullying
April 2013
'Schools, academies and colleges have statutory responsibilities with regard to bullying. The Education Act 2002 gave schools a duty to “safeguard and promote the welfare” of pupils and this covers more than the contribution made to child protection and includes bullying. The Education and Inspections Act 2006 gave headteachers the responsibility for “preventing all forms of bullying”. It also empowered headteachers to regulate the behaviour of pupils when they are off the school site and for members of staff to impose disciplinary penalties for inappropriate offsite behaviour.'
'DfE Advice 2011 states that the schools responsibility can “relate to bullying anywhere off the school premises, specifically school or public transport, outside local shops, or town or village centre” and that if an incident of bullying is reported outside of school premises it should be investigated and acted on. This includes responding to cyber bullying.'
'In addressing bullying, schools must consider whether the behaviour may be a child protection issue or a criminal law offence. Under the Children Act 1989 definition of a “reasonable cause to suspect a child is suffering or likely to suffer significant harm”, some types of harassment, threatening behaviour or communications may be a criminal offence and should be reported to the Police.'
'Schools, colleges and academies are responsible under the Equality Act 2010 for eliminating unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Act. They must advance equality of opportunity and foster good relations between people who share a protected characteristic and people who do not share it. The Act covers eight “protected characteristics”: age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, pregnancy and maternity.'
Coolas: 'no schools should not be investigating and dealing with and disciplining students over Facebook arguments.'
What argument? Calling girls misogynistic slurs on social media does not in itself constitute an argument. For it to be an argument, the girls or somebody would have had to have responded to the slurs. It is simply harassment on the basis of gender.
'That is the domain of the parents to monitor their child's FB profile and discussions.'
No, you have a statutory responsibility to deal with cyber bullying and harassment if it is brought to your attention.
'If they are unhappy with things their children are exposed to their options are to delete their child's profile, or take a screen shot to the other child's parents or report it to the police.'
And they also have the option to report it to you, and you have a statutory responsibility to look into it and either deal with it within school or report serious cases to the police.
You also have the legal power, as school staff, to take communication devices from children to look for evidence of cyber bullying. A parent of a bullied child does not have the right to look at communication devices belonging to the alleged bully, so it would be less effective for them to contact the parents than you.
'If we spent all our time being FB intermediaries then we would get nothing else done.'
Indeed. When I had to call the pastoral head of my daughter's school about a friend of my daughters being cyber bullied, the pastoral head told me that most of her time was spent dealing with situations that were mostly taking place online.
'As a pastoral leader myself, I would not even entertain the discussion with another parent. I would say "I will not be discussing another child with you, just as I am sure you would not want me to discuss your daughter with another parent"'
When I contacted the pastoral head about an issue involving dd's friend, she took all the information from me, advised me on how dd could best support her friend, called in dd and the friend and the pupils using social media about the friend to talk to them all separately. At no point did she have to 'discuss another child' with me. She simply listened to my concerns so that she could decide what (if anything) needed to be done and advised me about my own child's response. That is a discussion, but it isn't a discussion requiring the pastoral head to say anything at all to me about somebody else's child.
I am sure any reasonable member of staff will be able to listen to the OP and advise her what to say to her own daughter, and the staff be made aware of issues happening on social media to make decisions about, without the staff having to give out any kind of information about any of the children involved.