How do you protect your staff from parental aggression and abuse?

Teachers often choose their profession driven by a desire to positively shape and inspire future generations. However, they are increasingly encountering abuse from parents, both in person and online. 

What is the scale of the problem?

According to a recent NAHT poll, 82% of school leaders said they had been abused by parents over the past year. 86% said that the amount of abuse they received had increased over the last three years, with 37% describing the rise as “significant”. And, 35% of school leaders said that they experienced abuse from parents monthly, and 16% face it weekly. 

Verbal abuse was the most prevalent, with 85% of school leaders encountering it. Additionally, 68% reported being threatened, 46% faced online abuse (e.g. trolling on social media and in parent groups on networks like Facebook and WhatsApp), and 10% suffered physical violence. 

Some school leaders revealed that the abuse has made their lives so miserable that they have contemplated leaving the profession. It's led to issues such as anxiety, depression, and panic attacks. 

Some real-life examples

Parental abuse towards teachers can take different forms. Teachers have been physically assaulted, and even threatened with murder by parents. In one case, the police were summoned to a school after a parent verbally attacked a teacher who was seven months pregnant. 

Another incident that recently made headlines involved headteacher Mr Kevin Flanagan. Two parents accused him of bullying their two children after they received detentions for breaking school rules and said that he hadn't intervened when one of their children was being bullied by other children. 

They initiated various online groups and petitions, which led to online abuse directed at Mr Flanagan. They tried to get him sacked and encouraged other parents to file vexatious complaints with Ofsted, the local council, the Department for Education, and the Teaching Regulation Agency. And it's also alleged that they confronted Mr Flanagan and the school's co-chair of governors outside their homes and pursued Mr Flanagan's partner who was driving at the time. 

Mr Flanagan took legal action against the parents which settled before the case came to court. The parents agreed to pay Mr Flanagan £10,000 in costs and damages and to multiple restraining and non-harassment orders. 

What legal options are available to teachers who are harassed or bullied by parents?

Take action against their employers for failing to protect them

1. Harassment

Under the Equality Act 2010, a person (A) harasses another (B) if A engages in unwanted conduct related to a protected characteristic which has the purpose or effect of either violating B's dignity, or creating an intimidating, hostile, degrading, humiliating, or offensive environment for B. Schools and colleges are vicariously liable for the actions of their employees, unless they can show they took all reasonable steps to prevent it.

However, there's a gap in the law and staff won't usually be able to bring a claim for harassment against their employer if that harassment is carried out by someone they don't employ or control - such as a parent.

The only circumstances where a member of staff can bring a claim against their employer for something a third party has done is if they can show that they failed to act because of the teacher's protected characteristic such as their race, sex, or disability. For example, if you intervene where a female teacher is harassed, but don't intervene if a male teacher is harassed, the male teacher can bring a claim of sex discrimination.

But that loophole is going to be closed soon. The Employment Rights Bill, which is currently making its way through parliament, will reintroduce employer liability for third-party harassment in relation to all relevant protected characteristics where both:

• the third-party harasses the employee in the course of their employment, and
• the employer fails to take all reasonable steps to prevent it.

2. Constructive unfair dismissal

The employee could resign and claim constructive unfair dismissal on the basis that failing to protect them undermined the implied term of mutual trust and confidence. Currently, employees need to have worked for their employer for at least two years to bring this type of claim.

3. Health and safety 

Schools and colleges must comply with the Health and Safety at Work etc. Act 1974. This means you must take steps to protect the health, safety, and welfare of your staff. If you fail to protect them from abuse from parents and other third parties, they could complain to the Health and Safety Executive who will then investigate and can take enforcement action against you. This can include imposing fines.  

4. Public sector equality duty

Most schools and colleges are public bodies and are subject to the public sector equality duty which requires them to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited under the Equality Act 2010. This includes taking steps to prevent third party harassment. 

Take direct action against the third party

1. Harassment

A teacher can bring a civil claim of harassment against a third party under the Protection from Harassment Act 1997, which covers verbal harassment, stalking, physical actions, and online activities like cyber bullying. This can result in an injunction to restrain the parent and damages paid to the teacher for anxiety and financial loss. 

Teachers can contact the police if they are being harassed. Harassment can also be a criminal offence, with penalties including up to six months in prison or an unlimited fine. 

2. Defamation

Teachers and their employers may be able to bring civil claims for defamation if, for example, statements published online cause or are likely to cause serious harm to their reputation. These types of claims are very expensive to bring and, even if you win, you won't recover all of your costs.

What can schools and colleges do?

You have a number of options. According to the NAHT poll:

• 42% of school leaders said they had banned parents from the school site in the last year
• 32% said they had reported parents to the police
• 34% had reported them to the local authority
• 80% had arranged a meeting with parents; and
• 72% had issued a warning letter or email.

It's important to have a policy which sets out the standards of behaviour you expect parents to follow. It should state that defamatory, offensive or derogatory comments about your school/college, pupils, parents or employees must not be aired on social media and what will happen if they violate this - including the fact that they may be banned from your premises.  

Some schools and colleges also put up posters in reception clearly stating that they will not tolerate abuse and violence from parents. 

While your premises are private property, it's implied that parents of enrolled children can enter during school hours for educational purposes. But you can revoke this permission. If you do that you need to explain why you've done so and that if they come into your school or college, you will treat that as an act of trespass.  

You are required under the Management of Health and Safety at Work Regulations 1999 to assess reasonably foreseeable risks your staff are exposed to. This includes the risk of third-party violence. You must put in place measures to prevent or control this risk which could include training staff in how to deal with angry parents. It may also include having a policy in place so that teachers don't meet parents alone.

If you become aware that parents have made online posts about your school/college or your staff, take a screenshot of it and then try to speak with the parents (with any necessary safeguards in place e.g. having a colleague present) to try to resolve any issues and ask them to take the post down. If this doesn't work, try contacting the site directly. And if that fails, take legal advice.

We can help

Our public law team can help you deal with difficult parents and take action against persistent offenders. Please contact Ester Salter.

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