# Is bullying a safeguarding issue, and what does the law require schools to do?

Source page: https://pupilprotect.co.uk/guides/bullying-in-schools  
Last updated: 2026-10-20  
Publisher: Pupil Protect (Glacier Labs Ltd)

> Yes. KCSIE 2026 lists bullying, including cyberbullying and prejudice-based bullying, as a form of child-on-child abuse, which is a safeguarding issue for both the victim and the alleged perpetrator, and the DfE says bullying should be treated as a child protection concern where there is reasonable cause to suspect significant harm. By law, maintained schools must have measures to prevent all forms of bullying in their behaviour policy (section 89 of the Education and Inspections Act 2006), and academies and independent schools must have an effective anti-bullying strategy.

## Is bullying a safeguarding issue?

Yes. Keeping children safe in education (KCSIE) 2026 lists **bullying, including cyberbullying, prejudice-based and discriminatory bullying**, first in its list of the forms child-on-child abuse can take (paragraph 37). It says all staff should know that child-on-child abuse is a **safeguarding issue for both the victim and the alleged perpetrator** (paragraph 35).

KCSIE also says **serious bullying** can be part of **emotional abuse** (paragraph 27).

The DfE's advice **Preventing and tackling bullying** (July 2017) gives the child protection threshold. Where there is "reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm", a bullying incident should be addressed as a **child protection concern** under the Children Act 1989. Staff should discuss it with the DSL, who reports it to the local authority's children's social care.

So most bullying is handled through the behaviour policy. But every incident is a welfare concern, and staff should share it with the DSL.

## What the law requires

**Maintained schools and PRUs.** Section 89 of the Education and Inspections Act 2006 says the headteacher must determine measures to encourage good behaviour and respect for others and, "in particular, preventing all forms of bullying among pupils". The measures must include rules and disciplinary penalties (section 89(4)), and form the school's behaviour policy.

**Academies and independent schools.** Paragraph 10 of the Independent School Standards is met if the proprietor makes sure bullying is prevented, as far as reasonably practicable, by "the drawing up and implementation of an effective anti-bullying strategy".

**Equality Act 2010.** Schools must not discriminate against, harass or victimise pupils. State schools must also meet the public sector equality duty. KCSIE asks schools to watch for pupils at greater risk of bullying linked to sex, sexual orientation, gender reassignment, race or religion (paragraph 103).

**Off-site bullying.** Sections 90 and 91 of the 2006 Act let schools discipline pupils for conduct outside school, such as on the bus or online, where it is reasonable to do so. The DfE says reported off-site bullying should be investigated and acted on.

**Criminal law.** Bullying isn't a specific criminal offence. But some of what happens in bullying can be, such as assault, harassment, threats, hate crime, or making or sharing sexual images of children. If staff think an offence may have been committed, they should ask the police for help.

## What counts as bullying

The DfE defines bullying as behaviour by an individual or group, **repeated over time**, that **intentionally hurts** another person or group, physically or emotionally. It often involves an **imbalance of power**. That imbalance can be physical, psychological, the support of a group, or the ability to isolate someone.

Bullying is often motivated by prejudice, for example about race, religion, gender, sexual orientation or SEND, or because a child is **adopted, in care or has caring responsibilities**. KCSIE adds that:

- children with SEND are more prone to bullying, and may not show signs of it (paragraph 249)
- children who are, or are thought to be, lesbian, gay or bisexual, and children questioning their gender, can be vulnerable to discriminatory bullying (paragraphs 253 and 257)

The DfE warns that offensive language dismissed as "banter" can stop pupils reporting other behaviour. KCSIE 2026 makes the same point about sexual harassment (paragraph 34).

## When it crosses the threshold

Take it to the DSL straight away, and consider a referral, when bullying involves:

- **sexual behaviour**, such as sexual harassment, sexual comments or touching, or making or sharing nudes, including AI-generated images. Use KCSIE Part five. See [harmful sexual behaviour](https://pupilprotect.co.uk/glossary/hsb) and [sharing nudes](https://pupilprotect.co.uk/glossary/sharing-nudes).
- **violence, or carrying or threatening with a weapon** (KCSIE paragraph 51)
- **serious or sustained emotional harm**, such as a child who is frightened to come to school, or is self-harming or talking about suicide. See [suicide and self-harm](https://pupilprotect.co.uk/guides/suicide-and-self-harm-in-schools).
- **coercion or exploitation**, such as being made to carry items, hand over money or do things for older pupils
- **hate crime**, or abuse that targets a protected characteristic
- **a pupil who bullies because of harm at home**, such as abuse, neglect or domestic abuse

Remember that the child doing the bullying may need support as well as sanctions. The DfE expects schools to tackle the underlying issues.

## Recording and responding

1. **Make the child safe now.** Stopping violence and making sure the child is physically safe comes first.
2. **Record it.** Write down what was reported, in the child's own words, with dates, who was involved and where. For online bullying, describe what was seen, but **never** copy, print or share nude or semi-nude images. See [how to record a safeguarding concern](https://pupilprotect.co.uk/guides/how-to-record-a-safeguarding-concern).
3. **Tell the DSL** about anything that may be a safeguarding concern.
4. **Support the child being bullied,** including pastoral or external support, whether or not it meets the child protection threshold.
5. **Act on the behaviour** under your behaviour policy. Bullying is one of the reasons the exclusion guidance gives that may warrant suspension or permanent exclusion (paragraph 16).
6. **Look for patterns.** Ask whether the same pupils, places, forms or online spaces keep coming up. Good recording helps you meet the public sector equality duty too (KCSIE paragraph 102).

KCSIE 2026 is clear that "all forms of bullying, for whatever reason, are unacceptable". Schools "must take a strong, proactive stand against all forms of bullying" and tackle it at the earliest opportunity, before it escalates (paragraph 259).

## Is the DfE guidance up to date?

**Preventing and tackling bullying** (July 2017) is still the current DfE advice, and KCSIE 2026 links to it. On 9 July 2026 the DfE removed its separate 2014 **cyberbullying advice for headteachers and school staff** from GOV.UK, saying it has been replaced. The page doesn't say what replaced it (checked 20 October 2026). In the meantime, Behaviour in schools (February 2024) covers online behaviour, including bullying, and KCSIE 2026 covers online abuse and cyberbullying.

## Questions

**Is bullying at school a safeguarding issue?**  
Yes. KCSIE 2026 lists bullying, including cyberbullying, prejudice-based and discriminatory bullying, as a form of child-on-child abuse, and says all staff should know that child-on-child abuse is a safeguarding issue for both the victim and the alleged perpetrator. Most bullying is dealt with under the behaviour policy, but staff should always share concerns with the DSL.

**When does bullying become a safeguarding issue?**  
Every bullying incident is a welfare matter. It becomes a child protection concern when there is reasonable cause to suspect a child is suffering, or likely to suffer, significant harm. The DSL should then refer to children's social care. Examples include serious or sustained bullying that causes fear or distress, violence or weapons, sexual harassment or image sharing, and bullying linked to self-harm or exploitation.

**Is bullying illegal in the UK?**  
Bullying is not a specific criminal offence in the UK. But some bullying behaviour can be: for example, assault, harassment under the Protection from Harassment Act 1997, threatening or grossly offensive messages, hate crime, and making or sharing sexual images of children. The DfE says staff should seek police help if they think an offence may have been committed.

**Is an anti-bullying policy statutory?**  
A separate policy isn't required for maintained schools. The headteacher must set measures to prevent all forms of bullying, as part of the behaviour policy, under section 89 of the Education and Inspections Act 2006. Academies and independent schools must draw up and implement an effective anti-bullying strategy under the Independent School Standards. KCSIE 2026 says the behaviour policy should include measures to prevent bullying.

**How do you report bullying at school?**  
Pupils and parents should tell a trusted member of staff, such as the class teacher, form tutor or head of year, and the school should follow its behaviour and anti-bullying procedures. Staff should record it and pass on any safeguarding concern to the DSL. Parents who are unhappy with the response can use the school's complaints procedure. If a crime may have been committed, contact the police.

## Sources

- [Keeping children safe in education 2026, paragraphs 11, 27, 35 to 37, 103, 249, 253 and 259 (DfE, in force from 1 September 2026)](https://assets.publishing.service.gov.uk/media/6ac3c09c11ed58342ad8e4ac/Keeping_children_safe_in_education_2026.pdf), checked 2026-10-20
- [Education and Inspections Act 2006, section 89: determination by head teacher of behaviour policy](https://www.legislation.gov.uk/ukpga/2006/40/section/89), checked 2026-10-20
- [The Education (Independent School Standards) Regulations 2014, Schedule, paragraph 10](https://www.legislation.gov.uk/uksi/2014/3283/schedule/paragraph/10), checked 2026-10-20
- [Preventing and tackling bullying: advice for headteachers, staff and governing bodies (DfE, July 2017, still current)](https://assets.publishing.service.gov.uk/media/625ee64cd3bf7f6004339db8/Preventing_and_tackling_bullying_advice.pdf), checked 2026-10-20
- [Preventing bullying: GOV.UK collection page and change history (updated 9 July 2026)](https://www.gov.uk/government/publications/preventing-bullying), checked 2026-10-20
- [Behaviour in schools: advice for headteachers and school staff (DfE, February 2024)](https://www.gov.uk/government/publications/behaviour-in-schools--2), checked 2026-10-20
- [Suspension and permanent exclusion guidance (DfE, effective from 26 July 2026), paragraph 16](https://www.gov.uk/government/publications/school-suspensions-and-permanent-exclusions), checked 2026-10-20

## Related

- [Safeguarding concern form](https://pupilprotect.co.uk/tools/safeguarding-concern-form): A free form for writing down what you've noticed.
- [Harmful sexual behaviour and child-on-child abuse](https://pupilprotect.co.uk/glossary/hsb)
- [How to record a safeguarding concern](https://pupilprotect.co.uk/guides/how-to-record-a-safeguarding-concern)
- [Sharing nudes and semi-nudes in schools](https://pupilprotect.co.uk/glossary/sharing-nudes)
- [Suicide and self-harm in schools](https://pupilprotect.co.uk/guides/suicide-and-self-harm-in-schools)
- [Pastoral jobs](https://pupilprotect.co.uk/jobs/role/pastoral)

## In Pupil Protect

In Pupil Protect Safeguard, the report builder groups concerns by location, form, month or weekday. Pattern alerts flag 3 pupils in one form with child-on-child or online safety concerns within 14 days, so the DSL team can see where harm is clustering. [See pattern alerts in Safeguard](https://pupilprotect.co.uk/safeguard#patterns)