Recent data released by the Australian Council for Education Research has revealed that one in six Australian school students report being made fun of by their peers.

In a world increasingly shaped by technology and social media, bullying has become a significant concern, with its impact sadly being life-threatening for some.  

Although the Federal Government has passed new social media laws in an effort to reduce bullying, it is worthwhile asking what responsibility schools have to ensure their students’ safety against bullying and harassment – both in the classroom and beyond.

T2 (by his tutor T1) v State of New South Wales [20 24] NSWSC 1347

A recent decision of the New South Wales Supreme Court has held a school liable for failing to protect a vulnerable student from bullying, which occurred after school hours and outside of the school’s grounds.

In 2017, the then 14-year-old school student, referred to as ‘T2’, was severely injured after he was attacked by a group of fellow students shortly after the school day had ended. T2 had been waiting at an unsupervised bus stop near to the school when another student alerted him to the potential threat. Accordingly, T2 walked towards the school’s administrative office to seek assistance, only to find it unattended. He then contacted his mother, who attempted to contact the school twice to warn them of the danger. Sadly, T2 was ultimately ambushed and attacked, with the incident being filmed and posted to Instagram.

T2 argued that the school was negligent for several reasons:

(a) it failed to properly supervise students outside the school premises as they went home;

(b) it did not keep staff in the administrative office, to assist students who were in distress; and

(c) it allowed a student with a history of violent behaviour to return to the school without a proper risk assessment.

T2 claimed that these failures led directly to the assault and worsened his pre-existing psychiatric conditions, which in turn impacted his life and future prospects.

The defendant, being the State of New South Wales, agreed that it owed T2 a duty of care, but argued that the duty did not extend beyond the school grounds or outside school hours. The school denied any direct connection between its alleged negligence and the harm suffered by T2.

Ultimately, the court ruled in favour of T2, finding that in the circumstances, the school’s duty of care extended beyond the school boundaries and outside of school hours. The Plaintiff was awarded damages in a total sum of $1,754,040.15, including some $322,578 for future management of the funds.

The decision reinforces that schools must consider the individual needs and vulnerabilities of their students, take proactive steps to assess risks and provide sufficient supervision  – both during and after school hours – to ensure students’ safety. To meet their duty of care, schools should ensure that bus stops are properly supervised, and that administration buildings are manned outside of school hours.

While schools are traditionally accepted as being responsible for student safety during school hours, whilst they’re on school grounds;  this case sets an important precedent in confirming that liability may still exist after the final bell rings.

How We Can Help

If you or your child has suffered physical or psychological injuries as a result of bullying or harassment at school, our team is here to help understand your legal options.

Strict time limits apply to such claims, and therefore it is important to act promptly.

At Evolve Legal, we offer a free initial consultation to review your unique situation, provide free advice, and assist you plan your next steps.

If you are triggered by the contents in this post, please note that support services are available for you at any time:

Posted in: Latest News, Personal Injury

December 18 2024