What’s the law on protecting teachers from harassment?

Last week’s news that teaching remains the third most popular job among children masks a grim reality: the professional respect parents have traditionally had for their children’s teachers is rapidly eroding. So what can schools do about it?

In addition to the ever-increasing number of parental complaints schools receive, we now have an even more worrying tendency for parents to vent their frustrations on social media, and indeed to turn up at school to remonstrate with anyone prepared to listen.

All state schools are required as a matter of law (or statutory guidance) to have and publish procedures to deal with complaints. But these trends are such that most schools now also have systems and policies for dealing with “extreme complaints” and “unacceptable behaviour” by visitors.

The stakes are higher too. It used to be the case that the regulatory bodies would generally leave schools to deal with complaints, only seeking reassurance that they were following their procedures.

Now, it is increasingly common for the Department for Education, Ofsted, regional directors and local authorities to carry out their own investigations,

These can have significant consequences for the school and the individuals concerned, no more so than when a complaint about a teacher is repackaged and lodged with the Teaching Regulation Agency (TRA).

The TRA will now, as a matter of standard practice, investigate a complaint made about a teacher by a parent or member of the public, even when a complaint is evidently vexatious.

While there is clearly a need for checks and balances, in effect we have seen the weaponising of these systems by parents intent on causing harm. It is rare not to see a complaint to a school also shared with all the regulatory bodies, reigniting a process that might have been properly concluded (in some cases several times).

We have seen the weaponising of these systems

The stress involved for teachers and senior leaders (and, more often than not, governors) should not be underestimated. The disruption and cost can be eye-watering.

Worse, schools often feel powerless in the face of such onslaught. This is especially true in dealing with growing number of instances of teachers becoming the focus of online trolling, potentially defamatory posts, or experiencing behaviour which amounts to harassment.

Such posts may constitute an offence under the Malicious Communications Act 1988. The offence covers communications that are offensive, obscene, menacing or false.

There is no legal requirement for the communication in question to reach the subject or intended recipient; it is the act of publishing or sending the communication and the intention to cause distress that count. The offence is punishable by up to six months in prison or a fine.

Harassment and stalking are offences under the Protection from Harassment Act 1997, defined as someone repeatedly behaving in a way that makes a person feel sacred, distressed or threatened. It may also be a hate crime or other offence.

If a crime may have been committed, the police should be involved and schools should consider what support they will need to provide to teachers who have become the target of such activity.

Social media posts may also be defamatory under the Defamation Act 2013. This covers libel and slander, both of which concern the publication of material that adversely affects a person’s reputation (i.e. tends to lower the subject in the reasonable estimation of others).

Libel concerns “lasting” forms of publication such as print, online or broadcasting. Slander concerns more transient forms such as spoken words or gestures. The words need to relate to a person rather than an organisation.

Schools should support their teachers in dealing with such abuse, but taking action can be fraught. Applications to platforms can be made to take down posts and a “cease and desist” letter can be sent.

However, the reality is that this may not be enough to deter some individuals. Indeed, it could even fuel the fire and provide further material to use against the school.

There are no simple answers, but regaining some of that professional respect for teachers is crucial. Knowing the law and applying it rigorously is key to that.