What happens if the school does not act?

If the school does nothing about bullying, it is advisable to document when it was informed, what response it offered and what measures it adopted. From there, the intervention of the Educational Inspectorate can be assessed and, when there is damage related to a relevant action or omission, a possible claim.

Responsibility of the educational institution

The existence of bullying does not automatically make the school responsible. It must be analysed whether he knew or should have known about the situation, what measures he took and whether there is a relationship between a possible lack of diligence and the damage suffered.

Public Schools

In a public centre, the regime of patrimonial liability of the Administration may be applicable. To this end, it must be proven, among other elements, an effective, assessable and individualized damage and its relationship with the operation of the public service.

Subsidised centres

In a subsidised school it is necessary to identify who holds the ownership, what action is considered incorrect and to whom the complaint should be directed.

Private Centers

In private centres, the civil liability regime of the owner of the centre may be applicable. The possible responsibility of the school for bullying must be analysed taking into account the surveillance, the response offered and the specific circumstances of the case.

When can bullying constitute a crime?

Bullying is not a single crime with that name. Depending on the facts, injuries, threats, coercion, attacks on moral integrity or other infractions may appear. When the potential perpetrator is between 14 and 17 years of age, his or her possible responsibility is dealt with in accordance with the juvenile criminal jurisdiction.

In these cases, the intervention of our juvenile criminal lawyers may be necessary.

Physical aggression

Hitting, pushing and other aggressions must be assessed in terms of the injuries caused and the circumstances in which they occurred. A medical report, photographs, cameras of the center and testimonies can be decisive.

Depending on the nature of the facts, it may also be relevant to assess minor offences.

Threats, humiliation and coercion

Repeated threats, pressure, serious harassment or certain forms of humiliation can go beyond the strictly disciplinary sphere. Our criminal lawyers can assess the possible criminal relevance of these conducts.

Cyberbullying and harassment on WhatsApp, Instagram or TikTok

Cyberbullying can prolong bullying outside school hours and multiply its reach. Messages, groups created to ridicule a student, fake profiles, threats or exclusion campaigns may constitute relevant evidence.

Videos, photographs and dissemination on networks

When an assault is recorded or images are disseminated to humiliate the minor, it is advisable to preserve the files, links, profiles and data available before requesting their removal. We don’t recommend forwarding content beyond what is necessary to preserve the evidence.

Compensation for bullying

When the harassment causes creditable damages, compensation for bullying can be assessed. The claim may include physical injuries, psychological affectation, certain expenses and other damages that can be demonstrated.

Parental Responsibility of the Minor Bully

Parents may assume civil liability for damages caused by their children under the terms provided for by law. Where there is also a juvenile criminal proceeding, the responsibility of the minor, his or her representatives and, where appropriate, the educational institution must be analysed together.

What happens if my child is accused of bullying?

If your child is accused of bullying, it must be specified what facts are attributed to him, for how long, what evidence exists and what participation the adolescent had. A school accusation does not by itself prove that bullying exists.

It is advisable to keep conversations, documents and communications from the school, avoid deleting messages and coordinate the educational and criminal defense if there is also a complaint to the Police or Prosecutor’s Office.

If the bullying continues, don’t wait for the problem to escalate. We can analyse the evidence and determine what action is appropriate for the centre and those responsible.