Bullying

This offence may apply where a pupil’s behaviour is intended to hurt, intimidate, humiliate, isolate, control, or distress another pupil or member of the school community, particularly where there is a pattern of behaviour, an imbalance of power, or a clear vulnerability on the part of the victim

Step 1 – Determining the offence category

You should determine the offence category with reference only to the factors in the tables below. In order to determine the category, you should assess culpability and harm.

Culpability

The level of culpability is determined by weighing all the factors of the incident. Where there are characteristics present which fall under different levels of culpability, you should balance these characteristics, giving appropriate weight to relevant factors in order to reach a fair assessment of the offender’s culpability.

A – High culpability

Leading role where the bullying is part of group activity
Significant planning, coordination, or premeditation
Persistent bullying over a prolonged period
Conduct intended to maximise fear, humiliation, exclusion, or distress
Deliberate targeting of a vulnerable pupil or member of staff
Bullying motivated by, or demonstrating hostility based on, race, religion, sex, disability, sexual orientation, transgender identity, or another protected characteristic
Serious relational bullying, including deliberate isolation, manipulation of friendships, or organised exclusion
Bullying involving degrading, threatening, or highly offensive material
Bullying carried out both in person and online, or repeatedly across different contexts
Behaviour intended to undermine a pupil’s safety, belonging, confidence, or access to educatio

B – Medium culpability

Some planning or repeated behaviour, but not at the highest level
Behaviour arising from another incident or falling out, but going beyond ordinary conflict
Conduct intended to cause fear, embarrassment, exclusion, or distress
Repeated or targeted behaviour with a noticeable imbalance of power
Participation in group bullying without a leading role
Scope and duration of offending falling between categories A and C
Bullying that is clearly deliberate, but without the most serious features of category A

C – Lesser culpability

Little or no planning; behaviour committed on impulse
Lower-level bullying behaviour with limited duration
Responsibility substantially reduced by age, immaturity, learning difficulty, or personal circumstances
Involvement through coercion, intimidation, or exploitation by others
Conduct less likely to cause significant fear or distress
Limited role in a wider group incident
Behaviour at the lower end of bullying seriousness, while still going beyond a one-off disagreement or unkind remark

Harm

Harm 1

Very serious distress caused to the victim
Significant psychological or emotional harm caused to the victim
Victim caused to make considerable changes to school life to avoid contact
Serious impact on attendance, engagement, confidence, or sense of safety
Serious social exclusion, humiliation, or isolation
Serious impact on learning, wellbeing, or participation in school life
Serious wider effect on friendship groups, class climate, or the school environment

Harm 2

Some distress caused to the victim
Some psychological or emotional harm caused to the victim
Victim caused to make some changes to school life to avoid contact
Clear impact on confidence, relationships, or engagement
Harm falling between categories 1 and 3 because:
factors are present in 1 and 3 which balance each other out and/or
the harm falls between the factors described in 1 and 3

Harm 3

Limited distress or harm caused to the victim
Lower-level impact on confidence, relationships, or school experience
Limited wider impact on the school community

Step 2 – Starting point and category range

Where the bullying is sustained, targeted, discriminatory, group-based, or causes serious emotional harm, headteachers should consider whether the incident is sufficiently serious to justify a high-end fixed-term exclusion or permanent exclusion.

Where the bullying includes online conduct, headteachers should also consider whether this guidance should be used alongside the site’s guidance on social media, communication, or online offending.

Step 3 – Take into consideration Aggravating and Mitigating factors

The school could consider any adjustment for any aggravating or mitigating factors. Below is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender.

Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point of punitive action.

Factors increasing seriousness (Aggravation Factors)

Relevant previous incidents of a similar nature
The victim was particularly vulnerable
Bullying was repeated despite warnings, interventions, or previous sanctions
Group bullying, especially where the pupil led, encouraged, or organised others
Particularly violent, degrading, sexualised, discriminatory, or offensive material formed part of the bullying
Serious emotional or psychological impact on the victim
Clear imbalance of power, status, popularity, age, strength, or social influence
Bullying extended into online spaces, group chats, or social media
Deliberate efforts to isolate the victim from peers or school life
Targeting linked to a protected characteristic
Attempts to conceal the behaviour or pressure others not to report it
Wider disruption to learning, pastoral support, or the school environment

Factors reducing seriousness or reflecting personal mitigation

No previous similar offences or no relevant or recent offences
Remorse
Good character and/or exemplary conduct
Isolated incident at the lower end of seriousness
Early admission and cooperation
Age and/or lack of maturity
Learning difficulties or Additional Learning Needs
Family circumstances
Limited role in group behaviour
Evidence that the pupil has engaged with support and shown some insight
Safeguarding issues should be considered separately and are not necessarily mitigating factors.

Safeguarding issues should be considered separately and are not necessarily mitigating factors.

Step 4 – Adjust starting point and category range

here the bullying is sustained, targeted, group-based, discriminatory, or causes serious emotional harm or school avoidance, an upward adjustment is likely to be appropriate.

Where the incident is isolated, lower-level, causes limited harm, and there is genuine remorse and clear personal mitigation, a downward adjustment may be appropriate.