Use of mobile phones in schools - can the school be liable?

Trotter

Hi there,

While chatting about the law and teaching in general with a friend of mine who is a primary teacher also, we got talking about the area of camera phones in school.

Can anyone tell me if they believe, based on case law, that a school would be liable in any way if a student took photos of another student while in the playground, and posted them on bebo or a similar publicly accessible website where people can comment?

Given that the taking and posting of the photo would be a one off.. Im not sure if this can be considered bullying as the law would recognise as it wouldnt necessarily be persistant and systematic.

However.. teachers have a duty of care to take reasonable action to protect their pupils.. so how does a teacher protect a child from internet bullying once the photo has been taken?

The whole thing is very much hypothetical but I have a basic interest in law anyway and it just turned into a curious discussion.

I suspect the school cant be liable once there is a reasonable level of supervision.. and even if there was a breach in supervision.. and the children were left unsupervised when the photo was taken.. would that lead to the school being liable?

Would the child in question have a case against the school if there was no supervision? I suspect so.. but.. no physical injury has occurred..

Im still confused! Its interesting though!

haz

Trotter wrote:

a school would be liable in any way if a student took photos of another student while in the playground

The school could be liable for any risk it could foresee and reasonably have acted to mitigate. If it happens now after your posting, then your posting is evidence of foreseeability. Liability is probably less important than image. About a year ago there was quite an outcry over a mobile phone photograph incorrectly linked to a specific child and school in the South. It turned out to be (from media saturation with the uniform and logo) in the East. Both schools suffered reputation damage and many schools panicked into implementing ill-thought-out mobile phone rules. I recall a UK "Bebo suicide" about three months ago in which the name and photo of the school head were printed.

Im not sure if this can be considered bullying as the law would recognise as it wouldnt necessarily be persistant and systematic.

I would not rely on lack of repetition as a defence if the behaviour can reasonably be perceived as offensive or intimidating - Code of Practice: "An isolated incident of the behaviour described in this definition may be an affront to dignity at work but as a once off incident is not considered to be bullying". If a school child is observed using a phone for bullying or for a once off incident, the observer could be called to explain a failure to intervene. I have no idea about the legal liability, but I doubt it would make a difference, parents being parents and newspapers being newspapers.

Trotter

haz wrote:

If it happens now after your posting, then your posting is evidence of foreseeability.

Thanks! Luckily it was just a hypothetical discussion.. sounds like something I'd need to be wary of going forward though.