Guidance: Safe to Learn: Embedding anti-bullying work in schools

This is to remind members about anti-bullying documents provided by the Department for Children Schools and Families which can be accessed at: www.teachernet.gov.uk  The Safe to Learn Guidance includes advice on Responding to Cyber-Bullying, Homophobic - Bullying, Bullying around Race, Religion and Culture and to alert members to the latest in the suite “Bullying Involving Children with Special Educational Needs and Disabilities.

Members will need to be aware that beyond the general requirements set out in Safe to Learn, there is further legislation and guidance for supporting schools to embed effective practice when supporting learners with SEN and disabilities. These duties are covered in detail in the latest guidance published by the DCSF (Appendix 1) which can be downloaded from: www.teachernet.gov.uk/wholeschool/sen/disability

There are four main areas of law affecting disabled pupils in school, each of which can impact on the prevention or management of bullying:

• The disability equality duties (sections 49A to 49D of the DDA, inserted by the Disability Discrimination Act 2005)

• The disability discrimination duties (sections 28A to 28C of the DDA, inserted by the Special Educational Needs and Disability Act 2001 (SENDA)
• The planning duties (sections 28D to 28E of the DDA, inserted by SENDA
• The SEN legal framework (Part IV of the Education Act 1996)

The Disability Equality Duty and the Disability Discrimination Act 2005, the DDA 2005 amended the DDA by inserting a new section 49A, which requires schools to take a more proactive approach to promoting disability equality and eliminating discrimination.  Among its provisions are requirements on schools to promote positive attitudes towards those disabled pupils, parents, families and staff within the community and to eliminate harassment.

The guidance encourages schools to record incidents and to categorise types of bullying to demonstrate that schools are monitoring behaviour and through this process, putting strategies in place to address unacceptable behaviour.