School Bullying: School Appeals Oyston v St Patrick's College

Currently an appeal is being heard in the NSW Court of Appeal involving St Patrick's College at Campbelltown and a former student. The appeal is against a decision in 2011 (see Oyston v St Patrick's College [2011] NSWSC 269) which found for the student in the sum of $300,000 for negligence which had resulted in psychiatric injuries sustained from being taunted and abused by other students.

Background

In the original case negligence as defined in the Civil Liability Act 2002 NSW s 5 (namely as a "failure to exercise reasonable skill and care") was applied and in an education sense, it was said by the court that there was a duty "to take such precautions for [her] safety on the occasion(s) in question as a reasonable parent would have taken in the circumstances".

In the initial case the Court held that while there was confusion over the  recollection of events the student had been bullied and that she had not been contributorily negligent because she had in fact complained and there was documentary evidence of her complaints.

On appeal

In the appeal the school through its counsel is reported to be arguing that whilst the former student claims she suffered serious mental health problems from being ''relentlessly bullied'' she should not receive compensation from the school because she failed to report it and never told the school she was being bullied.

The forms of bullying at issue involved allegations of naming calling by other students and physical attacks on her while on school premises all of which were said to have taken place over a period of three years. Resulting from this the student is then reported have "later made a number of self-harm and suicide attempts".

In reply to the claim that she failed to inform the school of the bullying the former students defefence is that she "did not tell the school because she was fearful of reprisals".

Appeal continues

The case continues and the former student has launched a cross appeal against the school, claiming the $300,000 she was awarded was inadequate.

Sourses: SMH and Bullying in Schools

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