Education, Leisure and Housing

Anti-Bullying Policy for Our Children and Young People

2024

IMAGE: The cover displays the Orkney Islands Council crest and the text “ORKNEY ISLANDS COUNCIL”, followed by “Education, Leisure and Housing”, “Anti-Bullying Policy for Our Children and Young People”, and “2024”.

Version Control

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Contents

• 2024 Version Control
• Foreword
• Useful Definitions
• 1. Introduction and Rationale
• 1.2. Our Aims
• 2. Scope of Policy
• 3. Definition of bullying behaviour
• 3.2. Prejudice-based bullying
• 3.3. Labelling and Use of Language around Bullying
• 4. Roles and responsibilities
• 5. Actions to prevent or minimise bullying
• 5.2. Promoting Positive Relationships
• 5.3. Resilience
• 5.4. Learning and teaching
• 5.5. Use of Technology
• 6. Reporting Bullying
• 7. Responding to bullying and Record keeping
• 7.2. Responding to bullying
• 7.3. Record Keeping and Record Sharing
• 8. Bullying or Criminal Behaviour
• 9. Specific feedback from Young People involved in updating this policy
• 10. Monitoring and Review
• 11. Relevant and useful links
• 12. References
• 13. Members of working groups leading on policy development and review
• 14. Accessibility
• Appendices
• Appendix 1- Definition of Bullying
• Appendix 3 – Definition of approaches used to prevent bullying
• Appendix 4 – Policy and practice expectations
• Appendix 5 – How to make a complaint

Foreword

This policy has been written with clear reference to the following publications and guidance:

• Respectme – Policy through to Practice – Getting it Right, 2017.
• https://respectme.org.uk/.
• Respect for All: The National Approach to Anti-Bullying for Scotland’s Children and Young People, 2017 http://www.gov.scot/Resource/0052/00527674.pdf.
• National Guidance for Child Protection in Scotland, 2021 – updated 2023 national-guidance-child-protection-scotland-2021-updated-2023.pdf (www.gov.scot)

It has also been reviewed in light of the passing into law of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (“the 2024 Act”).

Further useful links can be found at the end of this document.

Useful Definitions

• ‘Parents and carers’ are the terms used for adults who have caring and guardian responsibilities for children and young people.
• ‘Settings’ refer to any place or venue that is managed, promoted or controlled by Education, Leisure or Housing for example; Schools, Papdale Halls of Residence, Youth clubs, after school clubs run by schools or Parent Councils, with the exception of Early Learning and Childcare settings.
• ‘Children and Young People’ refer to all who attend or participate in the venues or activities defined above and managed, promoted or controlled by Education, Leisure and Housing.
• We would not use the term ‘bullying behaviour’ to describe behaviours shown by children in Early Learning and Childcare settings due to the age and developmental stages the children are at.
• Where the term ‘adult’ is used, this refers to the full range of adults within our services; staff, coaches, volunteers, parents/carers.

1. Introduction and Rationale

Learning and health and wellbeing are fostered by positive relationships and the experience of being bullied can impact negatively on this. Bullying affects individuals, families and relationships as well as impacting on achievement and participation for children and young people. A child or young person who is bullied will not feel safe, included or respected and their wellbeing will be affected. A child or young person who is bullied and those causing bullying may both have wellbeing needs and these needs should be assessed and supported.

Bullying can have both long and short-term effects on the physical and mental health and wellbeing of children and young people. There can be no doubt that being bullied is traumatic for the individual and is, therefore, likely to lead to a range of coping mechanisms and reactive behaviours.

The impact of bullying behaviour can extend far beyond the individuals involved. Bullying impacts on a person’s capacity for self-management, their internal feelings of control, and their ability to take action. Their ability to take effective action is affected by someone else’s behaviour. This is called a person’s ‘agency.’

In the latest Child Protection Guidance for Scotland 2021 – updated 2023, it is stated clearly that the impact of bullying can be an issue of child protection due to the risk of significant harm to the individual.

“Respect for All: The National Approach to Anti-Bullying for Scotland’s Children and Young People” (2017) has a fundamental role to play in helping us realise our vision for all children and young people. It provides a holistic framework for all adults working with children and young people to address all aspects of bullying, including prejudice-based bullying. This guidance reflects ‘Getting it Right for Every Child’ approaches and recognises that bullying impacts on wellbeing. In order to thrive and achieve their full potential, children and young people need environments which are safe, nurturing, respectful and free from fear, abuse and discrimination.

Health and wellbeing is at the centre of this approach. ‘Respect for All’ has a fundamental role to play in ensuring that all of us working with children and young people fulfil our responsibility to support their health and wellbeing. This can be achieved through embedding positive relationships and behaviour approaches to prevent bullying in and across all of our settings including learning communities, clubs and organisations.

Our vision is that:

• Every child and young person in Scotland will grow up free from bullying and will develop respectful, responsible and confident relationships with other children, young people and adults.
• Children and young people and their parent(s) and carers, will have the skills and resilience to prevent and/or respond to bullying appropriately.
• Every child and young person who requires help will know who can help them and what support is available.
• Adults working with children and young people will follow a consistent and coherent approach in dealing with and preventing bullying from Early Learning and Childcare onwards.

Taken from Respect for All: The National Approach to Anti-Bullying for Scotland’s Children and Young People, 2017.

Orkney Islands Council’s Education, Leisure and Housing Service is committed to this vision and seeks to ensure prevention of all forms of bullying among children and young people. Bullying of any kind is unacceptable and must be addressed. Bullying should never be seen as a typical part of growing up. We will enable all those involved in our services to recognise and challenge bullying behaviours.

“Children have the right to protection from all forms of violence (physical or mental). They must be kept safe from harm and they must be given proper care by those looking after them.” The United Nations Convention on the Rights of the Child, Article 19.

1.2. Our Aims

Through this policy we aim to:

• Promote respectful, positive relationships and behaviour in order to provide an environment where children and young people can feel safe, have their wellbeing supported and thrive.
• Raise awareness of bullying and its impact on children and young people.
• Provide guidance for all adults, including parents and carers, on recognising and responding to bullying.
• Provide support and guidance to schools and settings around recording bullying incidents to create an accurate picture across our local authority.
• Develop children and young people’s skills and awareness in recognising and responding to bullying.
• Ensure that we listen to and take on board the voice and opinions of the child or young person.

2. Scope of Policy

Bullying takes place in the context of relationships. Promoting respectful relationships, repairing relationships where appropriate and ensuring we respond to all forms of prejudice will help create an environment where bullying cannot thrive.

This document is the strategic anti-bullying policy for Education, Leisure and Housing. It gives a clear definition of bullying and its impact on children and young people. All schools and settings will review and update their existing policies against this strategic policy ensuring that they meet current national and local guidance.

Policies for settings will include the specific details in relation to how they will address and follow up incidents of bullying in their setting.

This policy applies to Schools and all settings run by Education, Leisure and Housing. This policy also covers afterschool clubs and sports clubs promoted and controlled by Education, Leisure and Housing. This Policy sets out Orkney Islands Council’s aims to ensure children and young people are treated with dignity and respect, equality is promoted, and diversity is valued in all environments. The Policy also outlines the rights and responsibilities associated with this commitment.

This policy takes into account the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill as this has become law in Scotland from 16 January 2024. At all stages of dealing with incidents involving bullying behaviours, the voice and opinions of children and young people will be sought, recorded and where possible acted on. In accordance with the Bill, children and young people have the right to express those views freely in all matters affecting them. Their views have to be given due weight in accordance with their age and maturity.

Orkney Islands Council’s Dignity at Work Policy, February 2016, provides guidance on the working environment for staff and adults where activities are promoted and controlled by Education, Leisure and Housing.

3. Definition of bullying behaviour

In Scotland, bullying is defined as:

‘Bullying is both behaviour and impact; the impact is on a person’s capacity to feel in control of themselves. This is what we term as their sense of ‘agency’. Bullying takes place in the context of relationships; it is behaviour that can make people feel hurt, threatened, frightened and left out. This behaviour happens face to face and online.’

Respectme, 2017.

This behaviour can harm people physically or emotionally and, although the actual behaviour may not be repeated, the threat may be sustained over time, typically by actions, looks, messages, confrontations, physical interventions, being excluded, or the fear of these.

This behaviour can include:

• Being called names, teased, put down or threatened face to face/online.
• Being hit, tripped, pushed or kicked.
• Having belongings taken or damaged.
• Being ignored, left out or having rumours spread about you (face-to-face and/or online).
• Sending abusive messages, pictures or images on social media, online gaming platforms or phone.
• Behaviour which makes people feel like they are not in control of themselves or their lives (face-to-face and/or online).
• Being targeted because of who you are or who you are perceived to be (face to face and/or online).

3.1. Prejudice-based bullying

We recognise that bullying is closely related to how we respect and recognise the value of diversity. We will be proactive about:

• Seeking opportunities to learn about and celebrate difference.
• Creating a welcoming environment in schools in which all can feel a sense of belonging.

Bullying behaviour may be a result of prejudice that relates to perceived or actual differences. This includes all protected characteristics as described in the 2010 Equalities Act. This can lead to behaviour and language that could manifest itself as racism, sexism, homophobia, biphobia or transphobia or prejudice and discrimination towards disability or faith.

Prejudice-based bullying is when bullying behaviour is motivated by prejudice based on an individual’s actual or perceived identity; it can be based on characteristics unique to a child or young person’s identity or circumstance, for example, prejudice arising from socio-economic background or a child or young person’s appearance.

There is a need to address the root cause of prejudice as well as effectively respond to incidents as they arise in all settings.

For more detailed definitions of bullying refer to Appendix 1.

3.2. Labelling and Use of Language around Bullying

Labelling children and young people as ‘bullies’, ‘perpetrators’ or ‘victims’ can be disempowering and unhelpful in changing behaviour or supporting recovery from being bullied. Labelling an action as bullying is a more effective way of motivating a child or young person to change their behaviour.

Adults dealing with bullying incidents are expected to be able to distinguish between a person and their behaviour. Any bullying behaviour must be challenged, however, all people (including those causing bullying) should always be treated with respect. This does not diminish the seriousness or the impact of bullying behaviour; rather, it is an essential way of maintaining the adult’s focus and response on the behaviour that is problematic.

This solution-oriented approach is designed to help people change the way they behave without being stigmatised. Adults, rather than labelling children and young people, can help them change by telling them that the behaviour is bullying and that what they did is not acceptable. These approaches should underpin practice.

4. Roles and responsibilities

All involved in Education, Leisure and Housing have a responsibility to promote and role model positive relationships and positive behaviour across all aspects of the service. Tackling bullying is the responsibility of all adults; staff, volunteers, parents and carers. There is a clear role for children and young people too in ensuring the bullying does not happen and when it does for them to feel confident in reporting and working through the situation.

The following details specific roles and remits for individuals.

The Education, Leisure and Housing service

• Have in place a strategic policy for anti-bullying.
• Undertake a regular review of the anti- bullying policy by consultation and feedback from stakeholders.
• Ensure that settings have in place their own anti-bullying policies which includes actions to be taken.
• Monitor the implementation of anti-bullying policies, recording of incidents and take action as necessary.
• Provide training and guidance on anti-bullying awareness, policy and implementation.

Head Teachers and Senior Staff

• Create and implement an anti-bullying policy which includes action to be taken.
• Ensure that staff create a climate of respect, responsibility and positive relationships.
• Create an ethos where children and young people are confident to tell an adult about bullying behaviour experienced or witnessed.
• Ensure that children and young people are aware of the process for reporting concerns.
• Ensure that all instances of bullying are investigated, recorded using SEEMiS (see section 7.2) and that any necessary actions are taken as a response, including referring through child protection procedures or the police if necessary.
• Ensure that the views and opinions of the child/young person are taken into account and recorded as part of the process.
• Inform parents/carers of any bullying affecting their child. Ensure that parents/carers are informed and involved when their child is displaying bullying behaviours. This can be through telephone calls, letters and emails or at a meeting.
• Ensure that children, young people and their families understand the difference between bullying and other behaviours.
• Provide training and guidance on anti-bullying, policy and implementation, including digital and online information.

Other Adults

• Ensure that they are fully aware of the anti-bullying policy and approaches to be taken.
• Build capacity in children and young people to recognise and challenge bullying.
• Create an ethos where children and young people are confident to tell an adult about bullying behaviour experienced or witnessed.
• Deliver preventative work on bullying to children and young people, including the use of technology and online safety.
• Follow up promptly and effectively any allegations of bullying.
• Supporting any appropriate follow up actions or interventions as a result of bullying.
• Ensure that they promote acceptance and create an ethos which respects diversity and values difference.

Children and Young People

• Having confidence to speak out about bullying behaviour, knowing that they will be listened to.
• Challenging bullying behaviour if they feel able to do so.
• Telling a trusted adult if they have any worries about bullying.
• Keeping themselves and others safe by their own actions, choices and behaviours in an age and stage appropriate manner.
• Undertaking any follow up actions related to bullying situations.
• Following the positive behaviour approaches and expectations including the use of mobile and online technology.

Parents and Carers

• Ensuring and promoting their children’s health and wellbeing.
• Encouraging and promoting safe and responsible use of mobile and online technology.
• Communicating any concerns to a relevant adult in the first instance; for example, teacher, sports coach.
• Working in partnership with the setting in the first instance and considering any advice offered by relevant professionals.
• Taking account of the rights of their child to have a say in what happens and the decisions surrounding the issue.
• Respecting their child’s right to confidentiality if their child does not want them to know something that they have reported at school.
• Attending any training offered by the setting in relation to awareness raising around bullying policies and approaches including building resilience and online safety.

More detailed guidance on roles and responsibilities taken from ‘Respect for All: The National Approach to Anti-Bullying for Scotland’s Children and Young People’, 2017 is included in Appendix 4.

5. Actions to prevent or minimise bullying

Equality, Equity and Diversity

Equality is more than simply treating everyone the same. Not everyone needs exactly the same treatment; we are not all starting from the same place with the same privilege and support. There are people and groups of people who have experienced less favourable treatment and still do. Promoting equality involves challenging inequality. It means challenging language and behaviours that lead to people being treated less favourably or having poorer outcomes at school or in life.

Equity is about addressing the imbalance and making sure those who need more help, support or protection can get it. When we do this, we are working towards equality. We strive for a society where people are treated fairly, which might mean taking extra steps to help those with less money get to school or college, making sure that those with a disability can access and enjoy the same places and experiences as everyone else, and so on. It is not enough to simply give everyone the same resources or tools to succeed, people may need ones that are specific to them and their circumstances to succeed.

Diversity aims to recognise, respect and value people’s differences. Diversity recognises difference, not just tolerating it, but acknowledging and celebrating the richness it can bring.

Fully integrating and embedding equity, equality and diversity into an organisation relies on a culture where language and behaviour is challenged. Creating environments where difference is celebrated, together with role modelling how to challenge prejudices is what we expect form all our settings.

5.1. Promoting Positive Relationships

It is important to ensure that the ethos of anti-bullying is embedded in day-to-day practices that are in step with Respect for All. The message that caring relationships must be prioritised and bullying is never acceptable needs to be continuously and consistently reinforced.

Bullying takes place in the context of relationships. Time spent on combatting bullying will be greatly reduced by an approach which places positive respectful relationships at the centre. This is core to the relational (relationship based) approach promoted by the Scottish Government.

The relational approach is based on a philosophy embracing many linked ideas, including Positive thinking (e.g. Solution Oriented and Growth Mind-set concepts); Nurture (e.g. attachment promoting practice, attuned interaction); and social engagement and respect (e.g. Social Pedagogy; Restorative Practice).

A relational approach should be embedded in all areas of the life of schools and other child centred environments. Education, Leisure and Housing is fully to committed to the implementation of a relationship-based approach across all teams.

There are a range of strategies, approaches and programmes being used throughout Scotland that embed a relational approach thus creating an environment where bullying cannot thrive.

These focus on:

Positive Thinking

• Solution Oriented Approaches.
• Growth mind-set Approaches.
• The Compassionate Mind Approach.

Nurture

• Nurturing Approaches.
• Roots of Empathy.
• Video Enhanced Reflective Practice.

Social Engagement and Respect

• Restorative Practice.
• Social pedagogy.
• Philosophy for Children.

Appendix 3 has a brief description of these approaches.

We foster a clear understanding that bullying, in any form, is unacceptable. We believe that preventing bullying is the responsibility of our whole community and when there are incidents of bullying we will work together to deal with the situation and to learn from what has happened.

In our settings we do this by:

• Creating an ethos of emotional safety in which pupils understand that they have a right to feel and be safe and a responsibility to support others to feel and be safe.
• Involving the school community in developing our policy including a child/ pupil friendly version of our policy.
• Using assemblies and together time in class to ensure that pupils understand the differences between relational conflict and bullying.
• Building a positive ethos based on respecting and celebrating all types of difference in our schools.
• Creating a safe and happy environment, with consequent positive relationships that have an impact on learning and achievement.
• Fostering work in school which develops empathy, social skills and emotional understanding (Emotion Coaching, The Compassionate Connected Classroom, restorative practice, peer mediation and playground buddies).
• Securing the safety of the target of bullying. Taking actions to stop the bullying from happening again through whole school learning - reflection on what has been learned from specific incidents.
• Thinking about any safeguarding concern and reporting concerns to the Designated Safeguarding Lead.
• Providing assurances to a child that concerns have been listened to and action will be taken.
• Considering who else is involved and what roles they have taken.
• Work with both parties to find solutions. Identify the most effective way of preventing reoccurrence and any consequences. Send a clear message that the bullying behaviour must stop.
• Focused work with individuals and groups of pupils where required to provide emotional support and develop understanding and development of social skills e.g. social skills groups, support from ESA (Emotional Support Assistant) etc.
• Ensuring playground staff are equipped to encourage a range of activities during less structured times to promote positive play.
• Offering training to all school staff around bullying, including specific guidance on those groups who are most likely to be bullied. Raising awareness of online bullying through regular e-safety lessons.

5.2. Resilience

One of the most important things we can help develop in children and young people for preventing and responding to bullying is resilience. We can help children and young people find sources of resilience by promoting:

• A positive and safe climate within the setting.
• A sense of belonging and connectedness.
• Involvement in decision making generally, including anti-bullying policy and practice.
• Opportunities for personal challenge and success.
• Recognition of all achievement.

We need to ensure that we create an ethos which accepts mistakes will be made and learned from and fresh starts are always possible. We have a shared understanding that beliefs can be challenged and everyone has the right to their own opinions.

The most successful interventions for children and young people involved in bullying are embedded within a positive ethos and culture with children and young people using a wide range of coping strategies.

Children and young people value choice when responding to bullying. They need to explore a range of options that may suit them, as what works for one person may not work for another. Adults can support children and young people to make informed choices about how to respond to bullying.

A person who has been bullied does not feel in control of their life and may not feel free to exercise choice. By supporting children and young people to make choices, this helps restore their sense of agency; develop their resilience; and establish positive relationship approaches that they will need for the rest of their lives.

Children and young people need to have choices on how they share and report bullying and bullying concerns. The most important actions that adults undertake are to:

• Take children and young people seriously when they talk about bullying.
• Know about the anti-bullying plan/policy.
• Challenge inappropriate behaviour.
• Think about how to stop bullying before it happens.
• Ensure all children and young people are included, engaged and involved and have the opportunity to participate in school and community events.

5.3. Learning and teaching

Much of the teaching and learning around inclusion and valuing difference in all settings stems from the ethos and culture we create.

There should be a clear progressive programme of learning and teaching about respect and valuing differences as well as the message that bullying is never acceptable. Children and young people should be taught about the impact of bullying at different ages and stages. Programmes should ensure that they develop awareness and understanding regarding all equalities issues.

Initiatives such as anti-bullying week and Black History Month, LGBT Charter and Rights Respecting Schools should be seen as part of a whole ethos and not stand-alone events. Promote inclusion and reduce incidents of bullying within education settings.

Programmes should cover the use of online environments and technology and help prepare children and young people to become responsible digital citizens.

5.4. Use of Technology

Mobile and other technology is now an integral part of life and with this there are additional challenges and responsibilities for managing this within our settings especially in relation to bullying.

Settings need to develop approaches that promote the safe and responsible use of mobile devices and online environments. It has to be recognised that the mobile and online environment is addictive and it is unrealistic to expect young people to turn their phones off if they are at the receiving end of unwanted or bullying behaviour online. This includes young people being left out on social media group chats for example.

Settings should develop policies and approaches to protect adults, children and young people from bullying and abuse which can arise from the misuse of such technology. These should reflect the promotion of positive relationships and behaviour in a digital context and should be part of whole school/establishment approaches to health and wellbeing.

Settings should encourage regular opportunities for training for adults, including parents, on the online environment and the ways in which technology can be used and is being used by young people.

Online bullying (sometimes called ‘cyber-bullying’) is technology-assisted. It can involve the circulation or sharing of rumours, messages, gaming and images.

Bullying can cause significant and sustained harm (National Child Protection Guidance 2021). It can include sharing personal or private information about someone else causing embarrassment or humiliation. Some online bullying can involve unlawful or criminal behaviour.

The most common places where cyberbullying occurs are:

• Social Media.
• Text Messages.
• Instant Messages (including images and videos).
• Email’.

6. Reporting Bullying

In all settings, children and young people are encouraged to talk to trusted adults when they are unhappy or have concerns. Children and young people should feel that they have a right to feel and be safe and a responsibility to support others to feel and be safe.

Children and young people are encouraged to report bullying to:

• A trusted adult.
• Their class teacher or Support for Learning Assistant.
• Peer mentors or buddies.
• Their parents, carers or close family members who can then communicate with the school or setting.

It is important that when a child or young person talks to a trusted adult about bullying behaviour that they have been experiencing, then the adult and child understand in what circumstances this information must be passed on or may be passed on, taking to account the views of the child and through appropriate channels. Schools should have clear procedures in place for staff to share this information and who to share this with. Parents should feel confident in approaching schools to share any information about their child relating to bullying behaviour.

7. Responding to bullying and Record keeping

Any response to reported incidents must be child-centred and based on ‘Getting it Right for Every Child’ approaches. These should be undertaken using a partnership approach and co-operation and dialogue between parties should always be the starting point for resolution of incidents. Confidentiality in these circumstances is important for all children and young people and their families.

It is important that all children and young people are supported throughout any incidents of bullying.

7.1. Responding to bullying

The important elements of following up on an allegation of bullying are detailed below. Further specific approaches will be detailed in individual anti-bullying policies for each setting.

• The adult investigating the incident(s) should listen actively to children and young people displaying and experiencing bullying behaviour. They should take account of the voice and opinions of the child/young person.
• Whether or not bullying has taken place, the incident should be reported on SEEMiS within 3 days of the incident coming to light. The voice and the opinions of the child or young person should be recorded on SEEMiS.
• If, following the investigation, it was determined that this was not a bullying incident, the record on SEEMiS should be completed to indicate this. The record on SEEMiS should remain.
• Adults should ensure they record the details according to the procedures outlined in this policy (Appendix 2).

For incidents that have been identified as bullying the following procedures need to be in place.

• Adults need to ensure that they are sensitive to the child or young person experiencing the bullying. This has to include taking on board feedback from the child or young person and ensuring they are aware of what will happen next.
• Adults need to ensure that the child(ren) and young people displaying the behaviour are aware of the impact their bullying behaviour is having on others.
• Consider and implement agreed interventions involving children and young people and staff and parents/carers, where appropriate.
• Ensure all involved are kept informed of the on-going situation until it has been resolved.
• It would be good practice to reflect on each incident and the way that it has been responded to by those involved to inform future practice.

If the incident reported involves bullying by a member of staff, the above principles still apply, but the investigation and follow-up work should be carried out by a member of the leadership team or an Education Service Manager / senior officer.

7.2. Record Keeping and Record Sharing

All schools and other settings should have a consistent approach to recording bullying incidents. This will detail the key information relevant to the situation. Settings should record any interventions and actions taken while dealing with the bullying behaviour along with clear records of engagement with children and young people and their families. This will also detail any closure steps taken as part of the incident(s). All bullying incidents in schools must be recorded as such on SEEMiS. The recording details required by SEEMiS can be seen in Appendix 2.

Forms with the relevant information are available for services that don’t have direct access to SEEMiS and the information is then transferred to SEEMiS at a later date. Appendix 3 contains the relevant recording information required through SEEMiS.

Education, Leisure and Housing have a responsibility to monitor on the number and types of bullying across it services and it will do this regularly through the data recorded on SEEMiS.

If parents and carers are unhappy with how a bullying situation has been dealt with they have the right to escalate this further through the complaints procedure. Details of this can be found in Appendix 5.

8. Bullying or Criminal Behaviour

The following section is taken directly from ‘Respect for All: The National Approach to Anti-Bullying for Scotland’s Children and Young People’, 2017 and clarifies the position regarding bullying and criminal behaviour.

Some online behaviour may be illegal, and children and young people need to be made aware of the far-reaching consequences of posting inappropriate or harmful content online. In cases of sexual imagery, the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 criminalises the non-consensual sharing of intimate images.

Similarly, hate crime is defined through the law as a crime motivated by malice or ill-will towards individuals because of their actual or perceived disability, race, religion, sexual orientation or transgender identity. A hate crime can take a number of forms that are potentially criminal and should be treated as such. Adults, children and young people can seek appropriate advice and guidance from Police Scotland if they feel a hate crime may have taken place.

There is no legal definition of bullying in Scotland and, as such, bullying is not a crime. Bullying can be motivated by prejudice similar to hate crime; the distinction is when a crime has taken place, such as assault, graffiti or a breach of the peace that has been motivated by prejudice.

The Lord Advocate has issued guidelines about which category of offence will be reported to the Procurator Fiscal for consideration of prosecution. Children who do not come within these guidelines may be referred to the Children’s Reporter or made subject to Police direct measures, depending on the circumstances. The Procurator Fiscal and the Children’s Reporter discuss cases which are subject to joint referral and the Procurator Fiscal will decide where the case is best dealt with.

The presumption should be against criminalising children and young people wherever possible unless it is in the public interest. Promoting the principles of inclusion amongst children and young people is key to preventing hate crime. Adults and children and young people can seek appropriate advice and guidance from Police Scotland if they feel a crime may have taken place. A new law has come into effect: Hate Crime and Public Order (Scotland) Act 2021.

9. Specific feedback from Young People involved in updating this policy

Children and Young People want to be listened to. They want adults who they interact with at school to work hard to build a relationship of trust and mutual respect. If that trust breaks down, they want to know that school staff will take steps to rebuild the trust so children and young people will be more likely to approach them with concerns in the future.

Young people told us that they want to be more involved in delivering Personal and Social Education programmes and other anti-bullying interventions as they feel they are more likely to listen to their peers. There should be opportunities for young people to have training and to deliver programmes and key messages to younger people on bullying.

Feedback from our young people suggested that settings should ensure that any programmes and learning have a clear focus on ensuring a greater understanding of equality issues for children and young people and their parents and carers. This would especially include promoting greater awareness of issues relating to LGBTI+, mental health and hidden disabilities.

Local Authorities have a duty to comply with the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (“the 2024 Act”) and the rights of children to have their views taken into account in certain processes.

10. Monitoring and Review

This policy will be reviewed no later than December 2027.

11. Relevant and useful links

The links below are more specific to keeping children safe online and cyberbullying.

12. References

(Many of the websites and links in section 11 were also used as references.)

Milner, J and Bateman, J, 2011 Working with Children and Teenagers Using Solution Focused Approaches, Jessica Kingsley Publishers UK.

Dweck, C, 2017 Mindset: Changing the way you think to fulfil your potential, Little, Brown Book Group Limited, UK.

Gilbert, P, 2010, The Compassionate Mind, Constable, UK.

Thorsborne, M, 2008, Restorative practices in Schools, Routledge, UK.

‘Respectme’, Scotland’s Anti-bullying Service, 2015.

Respectme - Policy through to Practice – Getting it Right, https://respectme.org.uk/.

Respect for All: The National Approach to Anti-Bullying for Scotland’s Children and Young People, 2017 http://www.gov.scot/Resource/0052/00527674.pdf.

Anti-bullying policy (Revised February 2016) Comhairle Nan Eilean Siar, Department of Education and Children’s Services.

‘Stop bullying’ https://www.stopbullying.gov/cyberbullying/what-is-it/index.html.

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 https://www.legislation.gov.uk/asp/2024/1/contents/enacted

Hate Crime and Public Order (Scotland) Act 2021

13. Members of working groups leading on policy development and review

If you have any questions about this policy, please contact education.leisure@orkney.gov.uk and a member of staff will be in contact.

2018 Edition

• Morag Miller – Education Service Manager, Orkney Islands Council.
• Ernie Skea – Community Learning and Development Officer, Orkney Islands Council.
• Kerry Spence – Community Learning & Development Team Leader, Orkney Islands Council.
• Garry Burton – Sport and Leisure Manager, Orkney Islands Council.
• Claire Jacobsen – Senior House Parent, Papdale Halls of Residence.
• Charlotte Harrison – Chair of Parent Council, Kirkwall Grammar School.
• Jane Bruce – Head Teacher, Papdale Primary School.
• Cathy Lyner – Educational Psychologist, Orkney Islands Council.
• Cara McLean – Member of Youth Forum.
• Ross Whitehill – Member of Youth Forum.
• Jane Partridge – Head Teacher, Stromness Academy.

2023/24 Reviewed Edition

• Steve Arnold – Service Manager, Pupils Support and Inclusion, Orkney Islands Council
• Morag Miller – Service Manager, Primary Education, Orkney Islands Council
• Kaydence Drayak – MYSP and member of the Youth Forum
• Andrew Trafford – Head Teacher, North Walls Primary School
• Mel Johansen – Guidance Manager, Stromness Academy
• Alasdair Harvey – Depute, Kirkwall Grammar School
• David Hall – Police Scotland
• Cathy Lyner – Principal Educational Psychologist, Orkney Islands Council
• Kayla Costie – CAMHS
• Cheryl Rafferty – Community Learning and Development

14. Accessibility

This policy is available on the Orkney Islands Council website (https://www.orkney.gov.uk/ ) and on the Growing Up in Orkney website (https://growingupinorkney.co.uk/).

Each school has their own Anti-bullying policy, based on this one, to suit their own specific circumstances.

Appendices

Appendix 1- Definition of Bullying

Prejudice-based bullying

Bullying behaviour may be a result of prejudice that relates to perceived or actual differences.

Bullying behaviour may be a result of prejudice that relates to perceived or actual differences. This can lead to prejudice and discriminatory language or behaviour, including racism, sexism, homophobia, biphobia or transphobia.

We need to create environments where diversity is celebrated and name calling and comments based on prejudice are challenged.

Some personal characteristics are protected within the law, to address the years of unfavourable treatment experienced by some groups.

The Equality Act 2010 makes it unlawful to discriminate against people with a ‘protected characteristic’. These are:

• Age.
• Disability.
• Gender reassignment.
• Pregnancy and maternity.
• Marriage and civil partnership.
• Race.
• Sex.
• Religion or belief.
• Sexual orientation.

Prejudice-based bullying includes the protected characteristics, but prejudice can and does extend beyond these and can lead to bullying for a variety of reasons.

The following sections cover a brief description of the protected characteristics detailed above and some of the other prejudices that are often an aspect of bullying incidents.

Protected Characteristics

Age: Although prejudice and discrimination based on age is not applicable in school settings, it can affect children and young people in a variety of other settings. For example, in workplaces, further and higher education and in wider society.

Disablist Bullying: People who bully others may see children and young people with disabilities as being less able to defend themselves and less able to tell an adult about the bullying. The bullying behaviour is likely to be focused upon their specific disability or disabilities, whether they are in mainstream schooling or in specialist provision.

Gypsy/Travellers: This group of children and young people is a particularly discriminated against and marginalised group and concerns about bullying are especially acute for secondary schools. Perceived risks about bullying and parents’ own experiences of discriminatory behaviour may lead to low levels of enrolment and poor attendance for Gypsy/Traveller children and young people, as well as early exit from formal education. Other Traveller families, such as Roma, may have similar concerns.

Sexual Orientation and Homophobic Bullying: Bullying based on sexual orientation is motivated by a prejudice against lesbian, gay or bisexual (LGB) people. It is also commonly referred to as ‘homophobic bullying’ but can also be expanded to recognise the specific experiences of bisexual young people using the term ‘biphobic bullying’.

Children and young people do not necessarily have to be gay, lesbian or bisexual themselves to experience ‘homophobic bullying’. This type of bullying may be directed towards young people perceived to be lesbian, gay or bisexual young people; those that do not conform to gender norms and/or expectations; and those who have gay friends or family. Children with LGB parents may also experience homophobic bullying. Although homophobic bullying is distinct from sexist and transphobic bullying, it is related to these forms of bullying through underlying sexist attitudes.

Marriage/Civil Partnership: Whilst it is unlikely that a school-aged pupil will be in a same sex marriage or civil partnership and directly experience prejudice and discrimination as a result, there could be instances of indirect discrimination. For example, if the child or young person is associated with someone (parent, sibling, etc.) who is in a same sex marriage or civil partnership or in a same sex relationship. Marriage and civil partnership discrimination and prejudice can also affect children and young people in a variety of other settings, for example, in workplaces, further and higher education and in wider society.

Racial Bullying: Children and young people from minority ethnic groups often experience bullying based on perceived differences in dress, communication, appearance, beliefs and/or culture as well as their skin colour and accent. The status of the ethnic group a child belongs to (or people assume they belong to) in a school, community or organisation can often lead to a child or young person experiencing bullying behaviour. This can arise from a misguided and/or learned belief that they are less valued and ‘deserve’ to be treated differently, or with less respect.

Religion and Belief: Lack of knowledge and understanding about the traditions, beliefs and etiquette of different faiths can lead to religious intolerance. Lack of awareness about the differences in practices of religions such as prayer times, dietary requirements, fasting and the wearing of religious clothing or articles of faith can result in misunderstandings and stereotyping, which may lead to bullying.

People who have no religion or belief are also protected under the Equality Act.

Sectarianism: Most people understandably associate Sectarianism with religion. The reality of prejudice however means that your family background, the football team you support, the community you live in, the school you attend and even the colour of your clothing can mark you out for sectarian abuse - whatever your beliefs may be. In Scotland, sectarianism is most often related to Protestant and Roman Catholic divisions within Christianity but can also relate to other religions, for example Sunni and Shia Muslims within Islam, and Orthodox and Reform Jews within Judaism.

Sexism and gender: Bullying in the form of derogatory language and the spreading of malicious rumours can be used to regulate both girls’ and boys’ behaviour - suggesting that they are not being a 'real' man or a 'real' woman. These terms can be of an explicit sexual nature and it is worth noting that many can involve the use of terms for people who are gay and lesbian as a negative towards a person’s masculinity or femininity. Sexism and gender stereotypes feed into homophobia, biphobia and transphobia. Gender stereotyping, based on the notion of acceptable and unacceptable male and female behaviour, can leave children and young people who are not perceived to conform to these notions vulnerable to indirect and direct bullying.

Personality traits that do not fit into the unwritten rules of ‘appropriate’ male and female behaviour can lead to bullying because of the prejudice towards their perceived difference.

Gender Identity and Transphobic Bullying: The term ‘transgender’ is an ‘umbrella term’ for those whose ‘gender identity’ or expression differs in some way from the gender that was assigned to them at birth. Gender identity reflects an individual’s internal sense of self as being male, female, or an identity between or outside the two.

Transgender people face significant societal prejudice, largely because they are perceived as not conforming to gender stereotypes, expectations and norms. As a result, transgender or gender ‘variant’ children and young people can be particularly vulnerable to bullying. This can manifest in many ways, including transphobic and homophobic name calling or deliberately mis-gendering them. An individual may also experience transphobic bullying as a result of a perception that a parent, relative or other significant figure is transgender.

Other characteristics

Some of these could also be covered under protected characteristics, depending on the context of any bullying incident:

Additional Support Needs: An additional support need can arise for any reason and be of short or long term duration. Additional support may be required to overcome needs arising from learning environment; health or disability; family circumstances or social and emotional factors. A child or young person may be bullied because they have an additional support need and crucially being bullied can also lead to an additional support need.

Asylum Seekers and Refugees: Children and young people who are asylum seekers or refugees may be at greater risk of bullying directly and indirectly. Stigma, due to lack of knowledge and understanding of asylum seekers and refugees, and reluctance to burden parents with extra worries can allow bullying to go undetected and continue.

Body Image and Physical appearance: This can be hugely important to children and young people, with bullying because of body image having the potential to negatively impact upon their wellbeing.

Intersectionality: Understanding the different and unequal social and economic outcomes for particular groups, based on interactions between race, class, gender, sexual orientation, disability, age and ethnicity. In the context of anti-bullying, it is important to understand the connection between the experiences of belonging to one or more of these groups and people's prejudice towards them, which can lead to inequality in attainment and wellbeing.

Looked After Children and Young People: Children and young people who are looked after at home or who are looked after and accommodated, are vulnerable to bullying behaviour for a number of reasons. It may be due to regular changes in schools or where they are placed, which can make forming friendships difficult.

Forming relationships with peers and adults can be more difficult due to their early childhood adversity.

Young Carers: The lives of young carers can be significantly affected by their responsibility to care for a family member who has a physical illness or disability, mental health problem, sensory or learning disability or issues with the misuse of drugs or alcohol. Young carers are at risk of bullying for a variety of reasons.

Depending on responsibilities at home, they may find themselves being unable to fully participate in school or after-school activities or ‘fun stuff’. This can make it difficult for them to form relationships; it can hinder successful transitions or lead to educational difficulties.

Socio-economic Prejudice: Bullying due to socio-economic status can take place in any community. Small differences in perceived family income/family living arrangements/social circumstances or values can be used as a basis for bullying behaviours. These behaviours, such as mocking speech patterns, accents, belongings, clothing, etc. can become widespread through those considering themselves to be in the dominant social economic group. Bullying of children who endure parental substance misuse can also be prevalent.

Appendix 2 – SEEMIS Recording information

BASIC INFO

ALLEGED INCIDENT

NATURE OF INCIDENT

Characteristics

Please tick all that apply.

• Age
• Marital Status
• Assailant Medical Condition/Disability
• Not Known
• Body Image
• Pregnancy / Maternity
• Care Circumstances
• Racial
• Disability of Victim
• Religion or Belief
• Economic Circumstances
• Sectarian
• Family Circumstances
• Sexual Harassment
• Gender
• Substance Misuse – Alcohol
• Gender Reassignment
• Substance Misuse – Not Alcohol
• Homophobia / Sexual Orientation
• Territorial / Gang Related
• Other

Incident Detail

IMAGE: The SEEMIS recording form provides blank space for recording detailed information about the incident.

MONITOR / REVIEW

ACTION PROGRESSED

Action Procedures

IMAGE: The form includes a large blank area for recording action procedures.

Incident Conclusion

Appendix 3 – Definition of approaches used to prevent bullying

Schools and settings use different approaches to create an ethos of trust, respect and positive relationships. These approaches are the main ones that are used by schools and settings in Orkney. Not all approaches are used by every school and setting.

It is important that all schools and settings clearly state how they create and establish their school ethos and how they will follow up with any incidents of bullying. There needs to be clear links between schools and settings Anti-bullying policies and any other relevant policies; eg Positive behaviour/relationships policies.

These policies should also refer to and detail how de-escalation is used as a key strategy in dealing with any challenging situation.

Nurture

Nurture is an ethos with its origins in John Bowlby’s influential attachment theory. This theory was applied in Colwyn Trevarthen’s research on the interactions which promote bonding between babies and their caregivers, to give a family of approaches which promote positive, trusting relationships in education and care environments. The Nurture ethos is at the base approaches such as Nurturing Approaches, Roots of Empathy, and Video Enhanced Reflective Practice (VERP).

Nurturing Approaches (Marjorie Boxall)

This family of approaches had its origins in the development of Nurture Groups in education and early childcare settings in East London in the late 1960s. The concept of Nurture has more recently been embraced by the Scottish Government as an overarching whole-school philosophy, moving away from the idea that the Nurture should exist in a discrete part of a setting for the benefit of a select few children.

The Nurture principles

Marjorie Boxall put forward six ‘Nurture Principles’ - key concepts that shape our understanding of child development through the lens of attachment. These principles, in Boxall’s work, were used as an anchor and reference to underpin the creation and ethos of Nurture Groups.

• NP1 Learning is understood developmentally.
• NP2 The setting offers a safe base.
• NP3 Nurture is important for the development of wellbeing and self-esteem.
• NP4 Language is a vital means of communication.
• NP5 All behaviour is communication.
• NP6 Transitions are important in the lives of children and young people.

Whole school nurture

In 2017, the Scottish Government launched guidance to help establishments embrace and develop ‘Nurture as a Whole-School Approach’. Whilst the main goal is to promote and develop Nurture as a universal approach in Scotland’s education and childcare establishments, it is also an important cornerstone of more focused trauma-informed practice. In addition, the Nurturing Approach is key to responding to the increasing levels of anxiety present in Scotland’s schools, particularly since the Covid 19 pandemic and the associated school closures from 2020. Education Scotland’s self-evaluation framework https://education.gov.scot/resources/applying-nurture-as-a-whole-school-approach-a-framework-to-support-self-evaluation/ acts as a powerful guide, and a highly practical audit tool, for schools and Early Years settings to use as they develop their nurturing ethos and practices.

Positive Thinking

Solution Orientated Approaches (Steve De Shazer, Insoo Kim Berg, Bill O’Hanlon)

Solution orientated approaches have their origins in therapeutic approaches such as brief solution-focused therapy and have been found to have much wider applications in the way people work together. The approaches centre on key principles which help focus our minds on solutions, positive futures and strengths. This empowering approach helps to avoid the easy trap of becoming embroiled in negative thinking patterns which can impede progress and hamper the prospect of positive change.

“It seems clear that one cannot solve the problem with the same thinking that created the problem” (Berg and De Shazer, 1993).

A Solution Oriented approach helps people identify what they want to achieve, understand what is in their capacity and explores what they can do to move towards this.

Solution Oriented approaches have a number of applications within settings to help encourage positive relationships, tackle difficulties in a productive way, and promote an inclusive ethos.

Growth Mind-Set Approaches (Carol Dweck)

Growth mind-sets can be developed and shaped through an ethos within which both children, young people and adults work and the daily interactions they have with each other.

Positive Coaching Scotland (PCS) uses Growth Mind-Set concepts and is designed to create a positive environment for young people in sport. The programme will:

• Empower parents, coaches, teachers and sports leaders to help create a more positive sporting environment from where young people learn and develop through sport.
• Support young people, along with their coaches, parents and teachers, to move away from the win at all costs mentality and focus instead on effort, respect and responsibility.
• Ensure young people are developed not just physically, but socially and psychologically as well.

Compassionate Mind Approaches – Learned Optimism (Paul Gilbert)

Drawing from a long background of psychology, the Compassionate Mind Foundation describes compassion as “behaviour that aims to nurture, look after, teach, mentor and offer feelings of acceptance and belonging in order to benefit another person.”

Compassionate Mind Approaches use skills and exercises to build compassion towards ourselves and others. These activities help people with three different types of emotional regulation (self-protection, wants and achievements, safeness and connectedness.)

Roots of Empathy

This is a Canadian approach that was promoted with Scottish Government funding in recent years. Within this approach, a trained facilitator works at whole class level within an education setting. The focus of the work comes in the form of regular visits from a young baby with its mother. The whole class gets the chance to experience and reflect on the components of sensitive attuned interaction. The sessions give all participants the chance to engage with empathy as the central driver for all trusting, mutually satisfying relationships.

Video Enhanced Reflective Practice (VERP)

VERP is an approach to professional reflection where practitioners learn together about the key elements of attuned interaction. They then apply this learning in their professional lives, by analysing video footage of their interactions. This involves reflecting on their use of the ‘attunement principles’ (see Table below) within their interactions, and the effect that this has, in turn, on their communicative effectiveness and their relationships. This is of great value for professionals wishing to build mutually rewarding, positive relationships with pupils, clients, or even colleagues.

Table: Principles of Attuned Interactions and Guidance

IMAGE: The table sets out the principles of attuned interactions—Being Attentive, Encouraging Initiatives, Receiving Initiatives, Developing Attuned Interactions, Guiding, and Deepening Discussion—with guidance for each principle.

Social Engagement and Respect (Carl Rogers and Alfie Kohn)

Social engagement and respect are concepts based in the frame of person-centred and humanist philosophy. The underlying belief is that all people have equal worth, and that every person must be given respect. In more recent times, Humanism has become expressed in belief systems such as Restorative Practice, Social Pedagogy, and Philosophy for Children. Where schools model the humanist approach and promote social responsibility as a way of being, rewards systems and extrinsic motivators cease to have relevance. Controlling methods are viewed as counterproductive, and coercion as damaging to relationships. Instead, pupils’ ability to apply empathy is prioritized, and mutual responsibility is promoted through all aspects of school life, including school behaviour systems promoting reflection and repair rather than punishment.

Restorative Practice

Restorative approaches aim to improve behaviour and relationships in schools by moving away from a blame and retribution model of dealing with unacceptable behaviour towards one which is based on social responsibility and self-awareness. These approaches have their origins in North American Indian and Maori cultures. The concepts were taken forward as ‘Restorative Justice’ in Canada, New Zealand and Australia in the 1970’s. The philosophy has been developed for the shaping of school ethos and conflict resolution in many forms, including the Scottish Government approach of ‘Better Relationships, Better Learning, Better Behaviour’.

Social Pedagogy

Social Pedagogy is an approach that has developed most fully in continental Europe and Scandinavia. Its philosophy is very much based in the concept that education and care is intimately entwined, and that educators need to engage deeply with the child as a whole person rather than as a recipient of knowledge or guidance. This approach is built on the concept of ‘pedagogues’ who do not pigeon-hole themselves into caring or teaching roles, but embrace a broad-based, holistic, and deeply respectful approach to working with children.

Philosophy for Children

Within Philosophy for Children, and similar approaches, children are invited to participate in regular group sessions, where they learn to reflect deeply on the moral and philosophical aspects of stories and other materials, and to express their reflections in a safe and respectful context. In common with other approaches to education within the Social Engagement and Respect family, Philosophy for Children is capable of promoting far-reaching ethos change at whole-school level.

Appendix 4 – Policy and practice expectations

This appendix was written with reference to roles and responsibilities from ‘Respect for All: The National Approach to Anti-Bullying for Scotland’s Children and Young People’, 2017. It has been edited to make it specific for this policy and Orkney Islands Council.

IMAGE: The policy and practice expectations table compares the roles of the local authority, individual schools or settings, children and young people, parents/carers, and staff and volunteers with what each group is expected to do and can expect from others.

Appendix 5 – How to make a complaint

Orkney Islands Council is committed to providing high-quality customer services. We value complaints and use information from them to help us improve our services. If you are unhappy with how a bullying situation has been dealt with you have the right to escalate this further through the complaints procedure.

How do I complain?

You can complain in person at the Council Offices, School Place, Kirkwall, Orkney, KW15 1NY, by phone, in writing, email to complaints@orkney.gov.uk. Further details can be found on our website www.orkney.gov.uk.

It is easier for us to resolve complaints if you make them quickly and directly to the service concerned. So please talk to a member of our staff at the service you are complaining about. Then they can try to resolve any problems on the spot. All services will endeavour to resolve this as quickly as possible. This can be done in person, by telephone of email.

When complaining, tell us:

• Your full name and address.
• As much as you can about the complaint.
• What has gone wrong.
• How you want us to resolve the matter.

How long do I have to make a complaint?

Normally, you must make your complaint within six months of:

• The event you want to complain about.
• Or finding out that you have a reason to complain, but no longer than 12 months after the event itself.

In exceptional circumstances, we may be able to accept a complaint after the time limit. If you feel that the time limit should not apply to your complaint, please tell us why.

Head of Legal and Governance, Council Offices, School Place, Kirkwall, Orkney, KW15 1NY on telephone 01856873535.

If you need more information please refer to the Orkney Island Council’s complaints handling procedure, you can find it here http://www.orkney.gov.uk/Council/C/complaints-procedure.htm