How to stop bullying at school - what rights do parents have? What legal action is available?

Parents have the right to expect that their child is safe at school. Schools have a duty to take reasonable care to prevent students from suffering physical and psychological harm, including harm caused by other students. This duty of care is non-delegable, meaning schools can't pass the responsibility on. If a school isn't responding adequately to complaints, parents can utilise available complaint pathways to escalate their concerns, including lodging complaints via the school's official complaint handling policies or contacting the relevant authority such as the Department of Education for public schools, or the governing body or diocese for private and non-government schools. Parents can engage a lawyer to ensure the school is taking its legal obligations seriously. If serious harm has already occurred, a student can sue the responsible school body.

How successful has legal action been in the past to stop bullying?

Most bullying claims against schools are settled, often because of reputational concerns, particularly with private schools. Legal intervention can be very effective both in achieving compensation and prompting effective school action. Once a lawyer is involved, schools and governing bodies tend to take matters more seriously and act faster to resolve them. Compensation claims are difficult to run and involve complex legal concepts, but there is now well-settled legal authority in Australia that makes such cases winnable if a breach of duty can be established and where a student has suffered harm as a result.

What are a school's legal obligations in preventing bullying?

Schools have a non-delegable duty of care to take reasonable steps to prevent students suffering physical and psychological harm, including harm from other students. This duty can extend beyond school hours and school grounds, particularly in cases of cyberbullying. Schools must take active steps to keep students safe and cannot pass this responsibility on to others.

What constitutes a breach of duty and how hard is it to prove?

A bullying claim requires three components: (a) establishing the existence of a duty of care; (b) establishing a breach of that duty; and (c) establishing that the breach of duty was causative of the student's loss. The risk of harm must be foreseeable and not insignificant. Establishing the breach of duty will be determined by reference to the individual facts of a matter. School bullying cases are legally complex and emotionally fraught, often fought hard by school insurers, but with the right legal support, they are not insurmountable.

What sort of financial outlay would legal action require?

Costs depend on the approach. Engaging a lawyer to ensure the school responds appropriately is generally low-cost, and legal intervention is often effective in a short period. Court claims involve significantly more work and higher cost, depending on the complexity of the case. Cases can take several years to resolve, however this is often on a no win no fee basis with no upfront cost to the family. Lawpoint offers no win, no fee arrangements for bullying compensation claims to help ensure access to justice isn't determined by financial means.

What are the things a parent must avoid?

Parents should avoid acting out of anger, as this can harm negotiations and their child's outcome. Never approach a child directly about bullying behaviour unless there is imminent danger. Avoid social media rants and venting in parent WhatsApp groups, as naming or posting pictures of a child can have legal consequences, especially if the content is defamatory. Parents should also avoid making complaints without proper documentation. The best approach is to put complaints in writing or follow up verbal conversations with an email, confirming the nature of the complaint with as much detail as possible. The most powerful thing parents can do is stay calm, stay respectful, and stay focused on creating a safe environment for their child.

Personal Matters

New Client Identification Requirements: What to Expect When Working With Us

Last Reviewed: 09/06/2026

From 1 July 2026, new Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws will apply to some legal services in Australia, and all of Lawpoint’s.

As a result, if you engage Lawpoint for certain matters such as commercial law matters like a sale or purchase of a business; or property law matters like conveyancing, we may need to collect and verify additional information before we can commence work.

For most clients, the process will be straightforward and involve providing identification documents and answering a small number of questions about the matter.

Why are these changes happening?

The Australian Government has expanded anti-money laundering laws to include certain legal services.

The aim is to help prevent money laundering, terrorism financing and other financial crimes by requiring professionals involved in certain transactions to verify the identity of their clients and understand the nature of the work being undertaken.

What might we ask for?

Depending on the type of matter, we may ask you to provide identification documents such as a driver’s licence or passport, confirm your residential address, or provide information about the purpose of a transaction.

In some circumstances, we may also need information about the source of funds involved in a matter, whether you are acting on behalf of another person, or who may ultimately benefit from a particular arrangement.

Why do some of the questions seem so personal?

We understand some of these questions may feel more detailed than those you’ve been asked in the past.

Please be assured that these enquiries are not about suspicion or distrust. They are part of a regulatory framework that applies to legal professionals and are designed to help protect the integrity of Australia’s financial system. In other words, we are only doing what we are legally required to do.

If we need additional information, we’ll explain what we need, why we need it and how it relates to your matter.

How will my information be protected?

Protecting your privacy is important to us.

Any information you provide will be handled with the utmost care and in accordance with our privacy and confidentiality obligations. Information collected as part of these requirements will only be used for legitimate legal and regulatory purposes.

What happens if I choose not to provide the information?

In some circumstances, the law requires us to verify certain information before we can provide legal services. If the required information is not provided, we may be unable to act for you or continue with your matter.

What supports are available to parents who struggle financially?

Parents may be eligible for Legal Aid, community legal centre assistance, or Lawpoint’s no win, no fee arrangements for compensation claims.

Parents may be eligible for Legal Aid, depending on their circumstances. Some community legal centres also offer support. At Lawpoint, in the case of compensation claims, our no win, no fee model provides another option for families who need legal help but are concerned about upfront costs.

Questions?

If you’re considering engaging Lawpoint and would like to understand how these changes may affect your matter, our team is happy to help. You can find our contact details here.

You can also download the Law Society of NSW fact sheet for more information.

Liability limited by a scheme approved under Professional Standards Legislation. Legal practitioners employed by LP Kogarah Pty Ltd ABN 42 682 416 002 are members of the scheme. This post provides a general overview and should not to be relied upon as legal advice or as a substitute for legal advice or as giving rise to a solicitor / client relationship.

About the Author

This blog was written by Lawpoint and reviewed by Romeo El Daghl, Principal Solicitor, Lawpoint.

Romeo is a seasoned lawyer with decades of experience in personal and commercial law matters. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia.

Last reviewed: 15 June 2026.