Rights of Victims of School Physical Bullying in Singapore

Authors: Rajvant Kaur and Boo Kok Chuon

School bullying can have serious, lasting effects on a child’s physical, emotional, and psychological well-being. In Singapore, victims of bullying and their families have multiple avenues for recourse, including criminal and civil options, holding parents and schools accountable, and escalating unresolved cases to the Ministry of Education (MOE). This guide explores these options, outlines steps for parents to take when their child reports bullying, and suggests preventive measures to help children avoid becoming victims or perpetrators of bullying.

1. Legal Remedies for Victims of School Bullying

A. Criminal Law Perspective

In Singapore, various forms of bullying are criminalized, offering victims a path to seek justice through the criminal system. Key statutes that may apply include:

Voluntarily Causing Hurt (VCH) Sections 321 and 323 of the Penal Code 1871 (“Penal Code”), which criminalizes physical harm or injury.
Criminal Intimidation Section 503 of the Penal Code, addressing threats that instill fear of harm.
Harassment Section 3 of the Protection from Harassment Act 2014 (“POHA”), which includes both physical and non-physical actions that cause harassment, alarm, or distress.

Age Considerations for Criminal Liability

The Penal Code sets specific age thresholds for criminal responsibility:

Under 10 Years Old: Section 82 states that children below ten are considered incapable of crime (doli incapax).
Aged 10 to 12: Section 83 provides that children between 10 and 12 may be held criminally liable if they had sufficient maturity to understand their actions.
Above 12 Years Old: Children aged 12 and older can generally be held criminally liable, although cases involving minors under 18 are usually handled in Youth Courts, where the focus is on rehabilitation over punishment.

Steps for Victims and Their Families in the Criminal Process

File a Police Report: Parents or guardians of the victim can report the bullying incident to the police, especially if it involves physical harm or serious intimidation. The police will conduct an investigation, and if sufficient evidence is found, charges may be brought against the perpetrator.
Apply for a Protection Order (PO): Under the Protection from Harassment Act (POHA), a Protection Order can be sought to legally prohibit the bully from contacting or approaching the victim. This order provides immediate relief and can prevent further bullying, harassment, or intimidation.
Consider an Expedited Protection Order (EPO): If immediate protection is required, families may apply for an Expedited Protection Order, which offers temporary relief until the full Protection Order hearing. EPOs are often granted when there is an immediate risk to the child’s safety.
Participate in Legal Proceedings: In cases involving minors, legal proceedings will generally include the guardians of both the victim and the alleged bully. Parents or guardians may need to provide supporting documents, statements, and attend court sessions to ensure that their child’s experiences are accurately represented.

By filing a police report and seeking protective orders, parents can take practical steps to protect their child from further harm and hold the perpetrator accountable under the law.

B. Civil Recourse

Victims may also pursue compensation through civil claims, allowing claim for damages, specific performances and other reliefs.

Tort Claims Against the Bully

Common torts that may apply to bullying cases include:

Battery: Unwanted physical contact, often present in physical bullying.
Assault: Actions that cause fear of imminent harm.
Negligence: In rare cases, if bullying involved reckless actions, a negligence claim may arise.

Age of the Perpetrator in Civil Claims

In civil claims, a child’s age and understanding are important in determining liability:

Young Children: Courts generally presume young children lack the capacity to fully understand the consequences of their actions.
Older Minors: Courts may hold older minors liable if they clearly understood their actions and the harm they caused.

2. Remedies When a Child is Held Liable for Bullying

If a child is found liable in a civil claim, the following remedies may be sought:

Compensatory Damages: Victims can seek compensation for:
- Medical Expenses for immediate and future treatment.
- Pain and Suffering for physical and emotional trauma.
- Loss of Future Earnings if the injury impacts the victim’s long-term earning capacity.
Structured Payments or Trusts: Courts may order structured payments or place awarded damages in a trust, especially since minors typically lack financial resources.
Nominal Damages: In cases involving very young children or minor injuries, the court may award nominal damages, a symbolic sum reflecting minimal harm or lack of intent.

A. Representation Requirement Under Order 4, Rule 2

Under Order 4, Rule 2 of the Singapore Rules of Court 2021, minors (individuals below 21 years of age) cannot conduct legal proceedings on their own. They must be represented by a litigation representative, typically a parent or guardian, who acts on their behalf in civil claims. This ensures the minor’s rights are protected, and the litigation process is managed appropriately by a responsible adult.

This rule is crucial for both minor plaintiffs and defendants, ensuring that any decisions in the case—such as settlements or strategic legal choices—are made in the minor’s best interests. The litigation representative is also responsible for attending hearings, managing communication with legal representatives, and overseeing any court orders or payments on behalf of the minor.

B. Indirect Impact on Parents

Although parents may not be held directly liable for their child’s actions, they often face indirect consequences, including:

Legal Fees: Parents must cover legal fees for defending or settling the case, as minors require a litigation representative, typically a parent.
Settlement Costs: Parents may opt to settle out of court, covering some form of compensation. This financial burden acts as an indirect “punishment” despite a lack of direct liability.
Time and Emotional Costs: Defending the case requires significant time and emotional energy from parents.
Insurance Impact: If covered by a personal liability insurance policy, filing a claim could affect future premiums or coverage terms.

These indirect consequences reinforce accountability for parents, emphasizing the importance of supervision and responsible behavior, as they may bear the financial and emotional costs of their child’s actions even without direct legal fault.

3. School Liability in Bullying Cases

Schools in Singapore owe a duty of care to provide a safe learning environment, which includes taking reasonable steps to prevent and address bullying. A school may be held liable for negligence if its inaction contributes to the harm suffered by a student.

A. Duty of Care and Negligence

A school’s duty of care involves:

Monitoring Student Behavior: Schools are expected to monitor student interactions, particularly if bullying has been reported.
Implementing Anti-Bullying Policies: Schools should establish clear policies and procedures for reporting and handling bullying.
Taking Proactive Steps: Schools must intervene promptly when bullying is reported, using measures such as counseling, mediation, and disciplinary action.

B. Key Case Precedent: AYW v AYX [2015] SGHC 312

In AYW v AYX, the Singapore High Court examined school liability in bullying cases:

Facts: AYW, a student, claimed her school failed to protect her from repeated bullying. Her family argued that the school’s inadequate response caused emotional and psychological harm.
Court’s Findings: The court acknowledged that the school owed a duty of care to AYW but ruled the school was not negligent, as it had taken reasonable steps, such as counseling and disciplining the bullies.

This case highlights that while schools must take reasonable steps to address bullying, they are not required to create a harm-free environment. Liability arises if the school’s response is clearly inadequate or disproportionate.

4. Escalation to the Ministry of Education (MOE)

If a school’s response is insufficient or bullying persists, parents may escalate the issue to the Ministry of Education (MOE), which oversees educational standards and ensures student safety.

A. How MOE Can Help

Conducting Investigations: MOE can review the school’s handling of the issue.
Guidance and Recommendations: MOE may recommend additional measures to address bullying.
Policy Enforcement: MOE may implement systemic policy changes to prevent future incidents.

B. Steps for Escalating to MOE

Document Communications with the School: Keep detailed records of all attempts to resolve the issue with the school.
Submit a Complaint: Contact MOE with a full description of the bullying incidents and the school’s response.
Engage with MOE’s Review Process: MOE may arrange meetings with the school and parents to ensure appropriate follow-up and intervention.

Escalating to MOE should be considered when efforts with the school fail to ensure the child’s safety.

5. Immediate Steps Parents Should Take if Their Child Reports Being Bullied

When a child reports bullying, parents should take the following steps:

Listen and Offer Support: Create a safe space for the child to share their experience without fear of blame.
Document Incidents: Record details of each bullying incident, including dates, times, and witnesses.
Report to the School: Contact school authorities with documented evidence to formally report the bullying.
Follow Up Regularly: Maintain communication with the school to monitor the situation.
Consider Legal Action: If bullying involves severe harm or persists despite interventions, consult a lawyer to explore criminal or civil options, such as seeking damages or filing a police report.
Escalate to MOE if Necessary: If the school’s response remains inadequate after multiple interventions, consider escalating the matter to the Ministry of Education (MOE) for further support and investigation.

6. Preventive Steps to Teach Children

Parents can empower their children with skills and values to help prevent them from becoming either victims or perpetrators of bullying. Here are some preventive steps:

A. Helping Children Avoid Victimization

Build Confidence: Encourage activities that enhance self-esteem, as confident children are less likely to be targeted.
Teach Assertiveness: Practice assertive responses with children to help them calmly and firmly tell bullies to “Stop” if needed.
Encourage Friendships: Strong social networks reduce the likelihood of being bullied. Encourage your child to maintain friendships and stay in group settings.
Discuss Reporting: Teach your child that reporting bullying to a trusted adult is appropriate and not a sign of weakness. Encourage open communication so they feel comfortable sharing their experiences.

B. Preventing Bullying Behavior

Model Respectful Behavior: Children learn from observing their parents. Model respectful interactions and constructive ways to handle disagreements.
Teach Empathy: Encourage your child to consider how their actions affect others, emphasizing kindness and understanding. Discuss examples to help them understand how it feels to be on the receiving end of hurtful behavior.
Set Clear Boundaries: Explain that bullying is unacceptable and outline consequences for aggressive behavior. Reinforce the importance of treating others with respect, even in challenging situations.
Monitor Online Activity: With cyberbullying on the rise, monitor your child’s online interactions and set rules for responsible digital communication. Teach them to use social media and messaging apps responsibly and to report any negative online experiences.
Encourage Open Dialogue: Create an environment where your child feels comfortable discussing any conflicts or behavioral issues they experience or observe. Address any signs of aggressive behavior early, and involve school counselors if needed for additional support.

7. Conclusion

Victims of school bullying in Singapore have multiple avenues for justice and protection, including criminal and civil actions, holding parents and schools accountable, and escalating unresolved issues to the Ministry of Education. Teaching children confidence, empathy, and assertiveness can help prevent them from becoming victims or bullies, promoting positive social interactions.

Bullying is a complex issue that requires a collaborative approach among families, schools, and the wider community. By holding individuals and institutions accountable and instilling positive values, we can work toward creating a safer, more supportive environment for all students.

8. If You Need Any Legal Assistance

If you require legal assistance with school bullying cases or any other legal matters, please feel free to reach out to our team at Omnia Law Chambers. Our experienced lawyers are here to help guide you through the process and ensure that you and your child’s rights are protected.

Contact:
- rk@omnialawchambers.com.sg
- kc@omnialawchambers.com.sg

We are committed to providing compassionate, effective legal support to help you address any issues and achieve the best possible outcomes for your family.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. While we aim to provide accurate and up-to-date information, legal standards and interpretations may change. For advice tailored to your specific situation, we recommend consulting a qualified legal professional. Omnia Law Chambers is not liable for any actions taken or not taken based on the content of this article.