Can you sue a school for bullying? How claims work in the UK

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This guide explains what schools must do about bullying, when a claim is possible, how to complain and the time limits. It is general information, not legal advice. We are an independent information service, not a law firm.

What schools must do about bullying

There is no legal definition of bullying in the UK, as Welsh Government guidance notes. Department for Education advice describes it as behaviour by an individual or group, repeated over time, that intentionally hurts another individual or group either physically or emotionally. The duties on schools differ across the UK:

• Maintained schools in England and Wales: the head teacher must decide measures to encourage good behaviour and, in particular, to prevent all forms of bullying among pupils (section 89 of the Education and Inspections Act 2006), and GOV.UK says teachers, pupils and parents must be told what the behaviour policy is.
• Academies and independent schools in England: the proprietor must ensure that bullying is prevented in so far as reasonably practicable, by drawing up and implementing an effective anti-bullying strategy (paragraph 10 of the Independent School Standards).
• Wales: statutory guidance says schools must support children and young people who experience bullying.
• Scotland: the Respect for All guidance says schools and organisations working with children should have an anti-bullying policy that reflects it.
• Northern Ireland: the board of governors of a grant-aided school must ensure anti-bullying policies are pursued and keep a record of all incidents of bullying or alleged bullying (sections 2 and 3 of the Addressing Bullying in Schools Act (Northern Ireland) 2016).

Where there is reasonable cause to suspect a child is suffering, or is likely to suffer, significant harm, Department for Education advice says bullying should be addressed as a child protection concern under the Children Act 1989.

When a school can be liable

A claim for compensation against a school is usually a negligence claim. In Woodland v Essex County Council (2013), the Supreme Court said there was no doubt the education authority owed its pupils a duty of care to protect them from injury, and Lady Hale said a school owes its pupils at least the duty of care a reasonable parent owes to her children. The law of negligence is generally fault-based, so the question is whether the school failed to take reasonable care, not simply whether bullying happened. A claim usually needs:

1. A failure by the school, for example not following its anti-bullying policy, not investigating reports or not acting on a known risk.
2. An injury. Upset alone is not enough. For psychiatric harm, the Supreme Court has noted that proof of a medically recognised psychiatric illness has been treated as a requirement for a successful claim (Paul v Royal Wolverhampton NHS Trust, 2024). Physical injuries from assaults also count.
3. Causation: the school's failure, not only the bullying, must have caused the injury, usually judged on a "but for" basis.

Outside school and online. Behaviour measures may cover conduct off the premises to such extent as is reasonable (section 89(5) of the 2006 Act), and Department for Education advice says bullying outside school that is reported to staff should be investigated and acted on. GOV.UK warns that schools may not consider complaints about behaviour outside school hours or premises.

Private schools. The same principles apply, and because schools provide a service either by contract or under a statutory obligation, the parents' contract with the school may also be relevant.

The court cases above are from England and Wales. In Scotland, a Scottish solicitor can explain how the law of delict applies.

Complaining to the school first

GOV.UK advises reporting bullying to the school first, and says you can complain about a school if it has not dealt with your concerns.

• State schools in England, including academies: use the school's complaints procedure, which every school in England must have, and then complain to the Department for Education. The department cannot deal with complaints about a lack of compensation or apologies, and Ofsted considers issues affecting the whole school rather than individuals. For maintained schools, the department considers 3 months an acceptable time frame for a complaint.
• Private schools in England: use the school's procedure. The Department for Education cannot investigate individual complaints about private schools, but it will consider reports of a major failure to meet the standards, including on pupil welfare.
• Wales: school governing bodies must have and publicise a complaints procedure (section 29 of the Education Act 2002).
• Scotland: the model procedure for councils asks for complaints within six months of when you first knew of the problem, and says a claim for compensation alone, such as for personal injury, is not a complaint. The Scottish Public Services Ombudsman is the final stage.
• Northern Ireland: after the school's procedure, the Northern Ireland Public Services Ombudsman can consider complaints about the board of governors of a grant-aided school.

Bullying linked to disability, race, sex or religion

Schools must follow anti-discrimination law. GOV.UK says staff must act to prevent discrimination, harassment and victimisation within the school, in all schools in England and Wales and most schools in Scotland, and that Northern Ireland has different anti-discrimination law. A school must not discriminate against a pupil, including by subjecting the pupil to any other detriment, and must not harass a pupil (section 85 of the Equality Act 2010). For schools, the protected characteristics are disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation (sections 4 and 84).

• Disability: claims go to the SEND tribunal in England, the Education Tribunal for Wales or the First-tier Tribunal for Scotland. In England and Wales, a claim must be brought within 6 months starting with the date of the conduct. Complaining to the SEND tribunal is free, but the tribunal cannot order compensation; it can make other orders to reduce the effect on the pupil.
• Other characteristics: claims go to the county court, or the sheriff in Scotland, within 6 months starting with the date of the act or such other period as the court thinks just and equitable (section 118). Damages can include compensation for injured feelings (section 119).

GOV.UK lists discrimination among the problems legal aid may help with in England and Wales.

When bullying is a crime

Department for Education advice says bullying in itself is not a specific criminal offence, but some harassing or threatening behaviour or communications can be, for example under the Protection from Harassment Act 1997 or the Malicious Communications Act 1988. GOV.UK says violence or assault, theft, repeated harassment or intimidation and hate crimes should be reported to the police.

A child injured as the direct victim of a crime of violence in England, Wales or Scotland may be able to apply for criminal injuries compensation, free of charge, once the crime has been reported to the police. For a child under 18 at the time, if it was reported before their 18th birthday the application must be received by their 20th birthday; if first reported later, within two years of that report (paragraph 88 of the 2012 Scheme). See our criminal injury compensation guide.

Evidence that helps

• Reports to the school: emails, letters, dated notes of meetings and the school's replies.
• Messages and posts: GOV.UK advises keeping a record of the date and time of calls, emails or texts and not deleting any messages you receive.
• School records: in England, a maintained school's governing body must let a parent inspect their child's educational record free of charge within 15 school days of a written request, and a subject access request can be used for personal data the school holds; organisations usually have one month to respond. In Northern Ireland, grant-aided schools must record bullying incidents.
• Policies and medical records: the school's policies at the time, and records of any diagnosis or injury.

Time limits for children

Injury claims have a three-year time limit, but for a child it usually starts later:

• England and Wales: three years from the 18th birthday, so usually until the 21st birthday (sections 11 and 28 of the Limitation Act 1980). Northern Ireland is the same (articles 7 and 48 of the Limitation (Northern Ireland) Order 1989).
• Scotland: time while the injured person was under legal disability by reason of nonage is not counted (section 17(3) of the Prescription and Limitation (Scotland) Act 1973), and nonage means being under 16 (section 1(2) of the Age of Legal Capacity (Scotland) Act 1991), so the three years usually run from the 16th birthday.

Where the child was sexually abused, section 11ZA of the Limitation Act 1980 removes the time limit for the injury claim in England and Wales. In Scotland, section 17A removes it for injury claims about abuse of a child, which includes physical and emotional abuse; whether it covers a particular bullying claim is a question for a solicitor. Courts can allow some late claims at their discretion, but do not rely on it.

Frequently asked questions

Related guides: school accident claims, psychological injury claims, claiming for a child, criminal injury compensation and choosing a solicitor.

Official sources used for this guide: Education and Inspections Act 2006, s.89; Independent School Standards, para 10; Woodland v Essex County Council [2013] UKSC 66; Equality Act 2010, Sch 17; Limitation Act 1980, s.28; Age of Legal Capacity (Scotland) Act 1991, s.1. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.