What can I do when a child assaults my child and he then needs medical help?
My child (8 years old) was bullied at school for 3 weeks by 2 other students (also 8). The principal refused to accept that there is bullying in his school. A teacher threatened to resign as no help came from management. My son was then physicaly assaulted over a week and eventually hit over the head with a whiteboard, knocking him to the ground and then strangled so hard it left significant bruises on his back and neck. These were examined by a Doctor who specified assault in his report as the cause of severe injuries on a child. Doesn't the school system have a duty of care to our children? Why won't the cops be involved either? Do we need to teach our children martial arts?
Hi there. Both public and private schools owe a duty of care to their students. This means that teachers and other school staff must act with reasonable care so as to avoid causing harm to students or others individuals. This duty encompasses a wide range of matters, including providing adequate supervision, ensuring school grounds and equipment are safe for students, and providing medical assistance where necessary and appropriate. This duty also includes implementing strategies to prevent bullying from occurring between students.
If a school (through its teachers or management) fails to take reasonable action to prevent or stop bullying between students, and a student suffers harm as a result of their inaction, then the school may have breached its duty of care. This would entitle the parent of the child to take legal action against the school and claim monetary compensation for any loss or harm suffered by the child.
If you believe your child’s school has failed to adequately prevent or stop bullying, the first step you should take is to lodge a complaint. If your child attends a public school, you can lodge a formal complaint with the school education director for the relevant area. This is an employee of the NSW Department of Education and your school will have this person’s contact details. The Department may investigate your complaint and reach an outcome. If you are not happy with the outcome, you can take the matter further by contacting the NSW Ombudsman (www.ombo.nsw.gov.au).
If your child attends a private school, you will need to contact the school directly to ask about their complaints policy.
Suggested way forward
You should consider lodging a formal complaint as the first step to resolving your issue. If you are unable to reach a satisfactory outcome, you may want to speak to a lawyer who can fully assess your situation and advise you whether you have a potential legal claim against the school or its staff. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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