Preventing and managing cyberbullying Practical steps and best practice
This session • Cyber bullying and its impact • Consequences for the perpetrator • Knowing your duties • Current guidance • Proactive approach • Searching mobile devices
Cyberbullying and its impact
What is cyberbullying? • “Cyber -bullying is the use of ICT, particularly mobile phones and the internet, deliberately to upset someone else” • “Cyber -bullying is an aggressive, intentional act carried out by a group or individual using electronic forms of contact repeatedly over time against a victim who cannot easily defend him or herself” • Fastest growing e-safety issue
How is it different? • 24/7 contact – no escape at home • Impact – massive potential audience reached rapidly and stays online for ever • Can be hard to trace perpetrators • Perception of anonymity – more likely to say things online • Some cases are unintentional – bystander effect e.g. ‘re - tweets’
Scale of cyberbullying • “Virtual Violence II” – Report Commissioned by Nominet Trust (February 2012) – 350,222 or 1 in 13 UK children experience persistent and intentional cyber-bullying – 23% of children reported cyber-bullying lasting for a year or more – 40% of children reported cyber-bullying lasting for months or weeks
Impact of cyberbullying • 20% reluctant to go to school • 19% reduced self confidence and self esteem • 14% living in fear for their safety • 5% resorting to self harm • 3% attempted suicide
Consequences for the perpetrator
Criminal offence? • Cyber-bullying is not a specific criminal offence, but some criminal laws can apply: – Public Order Act 1986 – Malicious Communications Act 1988 – Protection from Harassment Act 1997 – Communications Act 2003
Public Order Act 1986 “A person will be guilty of an offence if he or she uses threatening, abusive or insulting words or behaviour or displays to another person any threatening, abusive or insulting written material, sign or any other visible representation thereby causing that or another person harassment, alarm or distress”
Protection from Harassment Act 1997 Section 1 “ A person must not pursue a course of conduct which amounts to harassment of another and which he knows or ought to know amounts to harassment of the other” • Harassment is defined as ‘causing alarm or causing distress’ and a ‘course of conduct’ as at least two occasions
Communications Act 2003 Section 127 “A person is guilty of an offence if he sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character or causes any such message or matter to be sent”
Malicious Communication Act 1998 “A person who sends to another person a letter, electronic communication, or article of any description which conveys a message which is indecent or grossly offensive, a threat, information which is false and known to be false by the sender or any article or electronic communication which is, in whole or in part of an indecent or grossly offensive nature” is guilty of an offence” • Most widely used instrument for prosecuting cyber bullying
Consequence of arrest • If police have reasonable grounds to suspect an offence, officer may arrest the child, if so they may also: – Search their home for accessories to the crime – Seize those accessories, e.g. computer, mobile phone – Detain the pupil at police station for interview, fingerprints, DNA sample
Consequence of conviction • University/College opportunities • Job opportunities • Travel abroad • DBS check?
DBS check required for work in… • Care and health sectors • Teaching and training, social work and the Police • Law, medicine, finance, nursing • Any post where national security may be at risk
Using this information • Do the young people you work with know this? • Might it make them think twice about cyberbullying? • Can you use this information to educate pupils?
Knowing your duties
Statutory duties - education • Head responsible for setting standard of behaviour - must set out measures in the behaviour policy which aim to: – Promote good behaviour, self-discipline and respect – Prevent bullying – Regulate the conduct of pupils (Section 89 (1) Education and Inspections Act 2006)
Statutory duties - education • Heads have specific power to enable them to police cyberbullying away from the school site: – “May, to such extent as is reasonable, include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school” (Section 89 (5) Education and Inspections Act 2006)
Statutory duties - education • This is only where it is reasonable for the school to regulate the pupils’ conduct at the time • “Reasonableness” defined in the Act (but not particularly helpful)
Other sectors • Children Act duties • Law of negligence
Equality Act duty • Public sector bodies have been required to comply with new duties under the Equality Act since April 2011 • The Act applies to all schools and other public sector bodies • Must take steps to eliminate harassment, victimisation and other conduct prohibited by the Act
Current guidance
Current guidance • There has been plenty in the past in various guidance documents • No separate cyberbullying guidance • Current document: – Preventing and tackling bullying: Advice for headteachers, staff and governing bodies (July 2013)
Who does it apply to? • School leaders and school staff in all schools in England. It may also be useful for FE and community settings – In short, everyone here today • What are the headlines: – Defines bullying – Sets expectations – Suggests a policy outline
Guidance definition “Bullying is behaviour by an individual or group, repeated over time, that intentionally hurts another individual or group either physically or emotionally. Cyber-bullying is a different form of bullying and can happen at all times of the day, with a potentially bigger audience, and more accessories as people forward on content at a click ” Similar to the definitions set out earlier
Successful organisations…: • have policies in place to deal with bullying and poor behaviour which are clear to parents, young people and staff • create an environment that prevents bullying from being a serious problem in the first place • which excel at tackling bullying have created an ethos of good behaviour where young people treat everyone with respect
Proactive approach
Proactive approach • Create an inclusive environment • Openly discuss differences that could motivate bullying, such as religion, ethnicity, disability, gender or sexuality • Involve all parents – clearly set out your expectations • Involve all children – ensure they understand your approach and the part they can play in preventing bullying
Proactive approach • Make it easy to report all forms of bullying • Apply disciplinary measures when bullying reported • Regularly evaluate and update your approach to allow for technological developments • Work with the police and children’s services where bullying is particularly serious or persistent
Proactive approach • Provide effective staff training – Policies work best when all staff understand the principles and purpose of the policy and your legal responsibilities • What does your policy say?
Searching mobile devices
Different guidance supports you • Current guidance: – Searching, screening and confiscation: Advice for headteachers, staff and governing bodies (February 2014)
Checking a pupil’s electronic devices • Power to examine electronic files where you have good reason to do so • Allows you to retain or dispose of the device • Power to view, retain or erase any data or files where you have good reason to do so • What is a good reason?
Checking a pupil’s electronic devices • “Good reason” – Staff member must reasonably suspect that data or file has been, or could be, used to cause harm, to disrupt teaching or break school rules • Wide power
Checking a pupil’s electronic devices • What do you do with the image? • Staff can dispose of a pornographic image unless its possession is an offence (extreme or child pornography) • Where it is, pass to the police • Other images can be deleted
Questions?
Five top tips to take away • Take a proactive approach to managing cyberbullying • Have a clear, robust policy • Engage, children, parents and staff in your policy • Use the legal consequences to highlight the issue • Use your powers to check electronic devices
Dai Durbridge | 0161 300 8037 | dai.durbridge@brownejacobson.com
Preventing and managing cyberbullying Practical steps and best practice
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