Education Law Case Study: Options available to respond to bullying of child at independent school

Who did we act for?

We were consulted by the parents of Imran, a boy in Year 5, who requested that we provide advice about the options available to them, to complain about the school’s failures and the potential outcomes.

What was the case about?

Imran had been bullied at the independent school and the school had been slow to address this.  Imran’s parents felt that he had suffered a deterioration in his mental wellbeing as a result, which had impacted his studies.  As a result, Imran was not predicted to pass the 11+ in Year 6 and therefore would not be eligible to apply for grammar school.

Unhappy with the school’s approach, the parents had sought out at another independent school for Imran.  Crucially, Imran was delighted with the proposed move and was looking forward to putting his experience at the school behind him.

What did we do?

We took a history of the background and reviewed the relevant school policies and contract, between the parents and the school.  We  advised upon the school’s complaints procedure and the merits of potential claims for breach of the contract between the school and the parents, and negligent teaching of Imran.

We also advised the parents to bear in mind non-legal considerations, such as the costs benefit, and emotional input required to navigate the school’s complaints procedure when their child had already moved to another school.

What was the outcome?

We provided the parents with the information they needed about the options to challenge the school so they could make an informed decision about what action they could take.

IBB’s Education Team  always consider each case on its own facts, establish what a client’s objective is and tailor our advice to those specific circumstances.