Number of schools taken to court over school bullying claims on the rise

The NSW Education Department was sued for $1.2 million for severe bullying and psychological harm suffered by a student at a public school. It’s part of a growing problem.

The NSW Department of Education has been successfully sued for $1.2 million for the severe bullying and psychological harm suffered by a student at a public school.

New figures obtained by The Sunday Telegraph under freedom of information laws reveal an increasing number of bullied, abused and discriminated students are taking their schools to court, claiming financial compensation for harm caused school.

Between 2019 and 2024 the Department of Education’s insurance provider, iCare, forked out more than $2.8 million to the families of bullied and abused students.

A total of 40 claims were made in the last four years, with individual payouts ranging from $290, to over $1 million.

While the circumstances around each case are confidential, prominent Sydney lawyer Greg Walsh said compensation claims are only paid out in extreme circumstances, where the department has acknowledged a major admission of failure to protect students.

“The cases indicate the ever-increasing seriousness of the conduct. A payment of $1.2 million would indicate the nature of the bullying was extremely serious, both in its nature and effect,” he said.

Alex Stephen Wildman took his own life after years of bullying.

“In most bullying cases, the impact upon the victim is very significant. They suffer significant psychological harm, and often they’re unable to work, their ability to undertake university courses, and post-schooling education is terribly compromised, and takes them years to recover, if at all,” he said.

In 2012, Mr Walsh helped secure a six-figure settlement for the family of 14-year-old Alex Wildman, who took his own life in 2008 after he was bullied by his peers both physically and online.

A coronial inquiry into the teenager’s death found that the school’s counselling services were inadequate.

Alex’s mum, Justine Lee, remains haunted by her son’s death.

“Sixteen years have gone by. He’s missing out on two nephews growing up, his sister getting married, and his own milestone birthday,” said Ms Lee.

Justine Lee and her son Alex Wildman who passed away after school bullying. It is alleged that Alex was bullied at two high schools in Sydney before his family moved to the North Coast where he was again bullied and because of this, he decided to end his life.

“We had a memorial 30th, and we have had a memorial 21st and a memorial 18th and memorial 16th. Milestones shouldn’t be celebrated like that.”

She said that behind every payout is a real person, suffering like her son did.

“His life mattered, and their life matters too.”

‘BULLIES BROKE MY DAUGHTER’S JAW’

From the moment she was in school, all Sarah (not her real name) wanted was to become a vet. She daydreamed of her future, working hard at school, burying herself in coursework and visualising the day she would one go to university.

“Her dream was to go to university, and stay in the college in a dorm. We all used to say if she doesn’t make it as a veteririan doctor, she will become a medical doctor,” said Sarah’s mum, Michelle (not her real name.)

But these dreams were cut short by relentless school bullies who forced her out of school. Today, Sarah works at fast-food chain, serving burgers and fries.

She is one of the growing number of students whose life has been forever changed by the devastating effects of bullying.

Now, her mum is suing the Department of Education for failing to protect her daughter.

Between year seven and year 11, the student endured a seemingly endless of onslaught of online, offline, physical and verbal abuse at the hands of her peers.

Instead of learning in class, Sarah hid in the bathrooms, terrified she would be beaten and abused.

Michelle was forced to pull her daughter from school after years of bullying. (Pic: iStock)

Her mother Michelle watched as her beautiful daughter became a shell of herself, and began self-harming. The school advised her to pull her out of school.

“They basically told my daughter that she needed to start standing up for herself and stop tolerating their abuse, and everyone gets bullied,” said Michelle.

Michelle feared her daughter would take her life by suicide.

Michelle removed her daughter out of school, realising it was no longer safe for her to be there. Yet, being out of school wasn’t enough. Sarah’s bullies would not give up, eventually bashing her so severely her jaw was broken.

Michelle’s voice breaks as she describes the attack.

“She thought she was going to die. She was dragged along a gravel road, their hands in her scalp ripping out her hair. They lifted her skirt up, removed her undies while filming her.”

“She wanted to stay in school. She wanted to go to university. It her dream but it just wasn’t safe for her anymore. I wasn’t able to pick her up from school every time there was an incident.

“She just couldn’t cope anymore. That’s when I found all the scars on her legs and we just cried together, and I told her not to be scared.

She said ‘how can I not be scared when you know the teachers are supposed to be the authority and they don’t do anything about it.

Michelle is in the process of suing the school “for failing their duty of care to my daughter.”

“I could have lost my daughter to suicide because they weren’t taking it seriously.”

CLAIMS TO RISE

Bullying and Cyber Security expert Susan McClean said she expects claim numbers to rise.

“What most people don’t understand, including some schools, is that their duty of care to provide a safe environment for their students includes the digital space, includes real life, includes in the playground, and includes online.

“If they don’t and an injury is sustained by that student, they will be sued, as we are seeing here with these payouts,” Ms McClean said.

“We are moving into a more litigious society. There are plenty of no win no fee lawyers so it doesn’t cost parents anything to have a crack at the school,” she said.

She said the size of the payouts are alarming and indicate students suffered significant and long lasting harm.

“What people need to understand is that it is much harder to prove a psychological injury, because you can’t see it.

“The proof required to get that accepted and to get that payout means that there was clearly a significant harm caused to that child because of the failure of the school to do what they should be doing,” she said.

A NSW Department of Education spokesperson said the state’s schools have zero tolerance for any form of bullying.  

“All students have the right to feel safe at school. Even one incident is too many, and we have measures and supports in place to prevent and respond to bullying, discrimination and injuries.” 

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