My child is being bullied – what can I do?

Unfortunately, bullying and harrassment is a common problem in Spanish classrooms. Nowadays, with the use of technology, bullying doesn’t just stay in the classroom. In fact, more likely that not, the bullying or abuse goes home with the student too (cyberbulling).

Affected students and their families can often feel helpless, but there are various routes that you can take to stop this. Moreover, if necessary, you can claim compensation for damages.

This article will include:

  1. The forms that bullying can take
  2. What you should do if your child is being bullied
  3. The legal options available to affected families
Child being bullied in school victim of bullying

What forms can bullying take?

Here are some common forms and examples of bullying:

  • Physical aggression: punching, hitting, pushing, pulling hair, throwing objects etc

  • Verbal aggression: insults, threats, name-calling, humiliation

  • Deliberate social isolation

  • Cyberbulling: the sending of images without consent, insults sent via message, false social media profiles

  • Robbing or vandalism of personal possessions

  • In more serious cases, bullying can be sexual harrassment/assault, murder, or leading someone to commit suicide

What should I do if my child is a victim of bullying?

The first step is to denounce the bullying in the school, education centre or extracurricular centre where it is happening. In Spain, schools have an obligation to act and to put measures into place to fix the issue.

A lawyer should write a formal written complaint to the school and arrange a meeting. Then, explain what has happened and ask what the school plans to do about the bullying. The lawyer should demand a written report about the actions which have been taken. Keep any proof that you can, such as screenshots of social media messages, emails, voice messages, and photos of injuries.

Pupil, teacher and parent having a meeting

If the school does not act sufficiently, the lawyer can then escalate it and denounce it before the local school inspection authority. The authority will look at the case and decide if the school has not complied with its duty of care to protect. In your report to the local school authority, include:

  • All the proof mentioned above
  • Written and detailed description of the incidents
  • Copies of all communication sent to and received from the school.

Can the bullying be punished by law?

Incidents of bullying are directly linked to crimes set out in law in the Spanish Criminal Code (Código Penal). However, the options to penalise bulliers depends on their age.

By all means, if the bullier is an adult the Criminal Code is applied with full consequence. Nonetheless, if they are between 14 and 18, they are judged differently, under the Ley Orgánica 5/2000. Sentences such as community work or internment in juvenile prison could be given in serious cases. However, if the bullier is under 14, he is not punishable by law. Any sanctions are applied to the school or the parents or guardians of the bullier, so that the behaviour can stop and the victim can be protected.

What legal measures can I take in case of bullying?

There is the possibility of filing a civil lawsuit to receive compensation, if your child has been bullied. Bullying has physical and psycological damage, so the victim has a right to be compensated economically.

The types of compensation received are for:

  • Personal damages (physical and psychological)
  • Material damages (health costs incurred, psychological costs)
  • Moral damages (damage to self-belief, feelings, reputation, anxiety)

The quantity of the money given would depend on the gravity of the damage caused. The question is who pays for the money, as the child is often underage. In this case, the civil responsibility could fall on:

  • The school, if they have failed in their duty of care and have not responded in an appropriate way to stop the bullying. There was a case where a school in Alcorcón in Spain had to pay 40,000 euros to the parents 
  • The teacher responsible for the classroom or space where the bullying happened
  • The public administration that runs the school or place of education
  • The parents of the bullier for the acts of their children. Unlike the school, parents have access to their children outside of school walls.

Importantly, if you or your child is being bullied, get in touch with us. Our lawyers can help you with initiating a legal case.

DISCLAIMER: this article may not be up-to-date and cannot be taken as legal advice. For updated advice relevant to your case, please contact us on rpinera@pineradelolmo.com.

Piñera del Olmo

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 08036 Barcelona

 Phone: +34 93 514 39 97

 Fax: +34 93 127 07 66

 Email: rpinera@pineradelolmo.com