Can I sue my school for bullying?

School bullying remains a pressing concern in New South Wales, with significant emotional and often long-lasting psychological impact upon students. Tragic cases, such as the suicide of 12-year-old Hamish Carter in 2022, underscore the devastating consequences of unchecked bullying.

Between 2019 and 2024, NSW public schools paid over $2.8 million in bullying-related claims, with around 40 payouts, including one of $1.2 million. With these high statistics and the fast-paced growth of technology and social media, bullying has emerged as one of the most pressing challenges affecting children today. Addressing bullying in schools is legally complex, largely because many victims are too frightened to speak up, and in some cases, school staff may fail to respond to complaints appropriately.

Under NSW law, schools (including teachers and staff) owe a duty of care to their students, requiring them to take reasonable steps to prevent foreseeable harm, including bullying. This encompasses implementing effective anti-bullying policies, supervising students adequately, and responding promptly to reported incidents. A failure in these responsibilities can constitute a breach of duty – the cornerstone of “negligence”.

Students who suffer psychological harm (i.e. a diagnosed psychological injury) due to bullying may have legal grounds to sue their school for negligence. Successful claims typically demonstrate that the school failed in its duty of care, leading to significant harm.

If you or someone you know is affected by school bullying, below are the steps you should consider:

1. Document incidents: Keep detailed records of bullying episodes, including dates, descriptions, and any communications with the school.
2. Report to school authorities: Inform teachers or principals about the bullying and request written responses outlining the actions taken. It is imperative that these communications are documented in writing. If you speak with the school, principal, or teacher, always send a follow-up email to confirm the outcome of the discussion.
3. Seek external support: If the school's response is inadequate, consider contacting the NSW Department of Education or the NSW Ombudsman.
4. Legal consultation: Consult with an experienced bullying at school lawyer to explore the possibility of a negligence claim.

Please note if you are being bullied and require immediate assistance, please contact organisations like Kids Helpline (1800 55 1800) and Lifeline (131114) who can help you.

Addressing school bullying requires a collaborative effort between schools, families, and the broader community to ensure a safe and supportive environment for all students.

Strict time limits can apply in pursuing a claim for negligence, and seeking timely legal advice is essential.

If you require legal advice, our bullying at school lawyers provide a free consultation with no obligation to proceed. If you do wish to proceed, our legal services are provided on a no win, no fee basis.