'Stop bullies or you are breaking law'

Schools were today given a legal duty to stop their pupils being bullied.

Schools have been told by the Department for Education and Skills they must prevent the bullying. A survey for the DfES by the National Centre for Social Research found 87 per cent of 12- to-15-year-olds, and 68 per cent of 16- to-19-year-olds said bullying was a problem in their school.

ChildLine has said it gets more calls about it than any other issue facing children. But today there were warnings of a surge in compensation claims against schools because of their legal duty to "promote" children's welfare.

Teachers said their new responsibilities were well-intentioned but ill-timed. Lawyers warned heads could even face being sued by a truant for failing to keep them in school.

Mark Blois, of solicitors Browne Jacobson,

said law firms that specialise in compensation claims will use it as a stick to beat schools with when constructing a case.

"They would be stupid not to," he said. "It's only a matter of time before parents and children become aware of it and it feeds into the popular consciousness." The legal guidelines were published today following the 2002 Education Act, which introduced the duty to " safeguard" children's welfare.

Heads also have the power to fine parents of truants up to ?100. Mr Blois warned that while Whitehall officials may say the Act only requires schools to stop children from being abused, that would not stop claimants trying to extract payouts.

Chris Keates, leader of the NASUWT teaching union, warned that " unscrupulous solicitors" would bank on schools settling out of court nine times out of

10. A DfES spokesman said: "The intention of the new statutory duty is ensure that governing bodies and LEAs ensure that appropriate child protection procedures are in place. It is not to make teachers liable to prosecution, disciplinary action or dismissal."

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