If you’re reading this article, you may be worried that something is happening to your child that they can’t quite put a name to. Maybe he is reluctant to go to school, maybe his behaviour has changed, maybe he has just suggested to you that “the kids don’t like him”. Bullying at school, and even bullying at nursery, can be very subtle and parents often feel lost because they don’t know what bullying is, how to identify it safely and when it’s time to intervene.
Bullying is targeted, repeated and prolonged harm that one or more attackers inflict on a weaker victim. This definition is important because a single conflict or one-off nudge is not bullying. The definition of bullying always includes several key elements: intent to harm, repetition, imbalance of power and a clear benefit to the aggressor at the expense of the victim.
Legally, the term bullying does not appear directly in the law, but the legislation describes specific acts that amount to bullying. Typically, this includes:
This is not a one-off nudge, but a constant pressure that the child cannot defend himself against. Someone repeatedly humiliates the child, takes things away or deliberately destroys them, threatens them, ridicules them or spreads rumours about them and singles them out from the collective or organises a group of children against them.
Criminal liability does not apply to children under the age of 15, but responsibility may lie with their legal guardian or the school if the situation was neglected.
From the point of view of schools, the Education Act No. 561/2004 is relevant, which obliges schools to provide a safe environment. If educators ignore warning signs or fail to react appropriately, they may be liable for the harm caused. This liability may be not only civil but also employment law.
Whether it’s your child or communication with the school, we’re here for you. We can help you write a complaint, negotiate with the school, handle compensation and protect your child’s rights.
Bullying takes many forms, and not all of them are visible at first sight. Therefore, many parents and teachers do not recognise bullying at first.
Maybe your child says that kids make fun of him or give him nasty names when he gets home. Verbal bullying includes name-calling, humiliation, ridicule, spreading untruths and threats. Legally, it can be an offence of defamation, dangerous threats, but it can also be an interference with a child’s dignity, which the school must protect. In human terms, it destroys your child’s self-esteem and safety.
Physical attacks (hitting, kicking, pushing, pulling hair) are easier to identify. Bruises, torn belongings and fear of school are not easily hidden by a child. But the child is often afraid to admit what happened, especially if the aggressor threatens retaliation.
Sometimes a child suffers not because someone shouts at him or her, but because others ignore, ridicule or manipulate other classmates against him or her. Social bullying is very psychologically damaging but also difficult to prove.
A modern form of bullying behaviour that takes place online: sending threatening messages, circulating photos, fake profiles or hurtful comments. Schools also have a duty to intervene when bullying involves children in the school community.
Many parents think that bullying in kindergarten does not exist. Unfortunately, we find that the first signs of bullying appear as early as 3-5 years of age and tend to get worse if they are not addressed in time.
What bullying in kindergarten can look like: a child is systematically singled out, others prevent him from playing or take away his toys, there is intimidation such as “If you say that, you won’t be our friend”, the child is manipulated or humiliated in front of others.
Unlike school children, kindergarten children cannot yet describe what is happening to them. This makes adult mindfulness all the more important.
A typical signal that something is happening in kindergarten that is bothering your child is a change in behaviour. It may be that he doesn’t want to get up in the morning, cries when he leaves and you intuitively sense that it is not just a normal “bad day”. In other children, on the other hand, there may be unexpected aggression or, conversely, a marked withdrawal into oneself – both of which are reactions to stress or fear. Sleep disturbances, night terrors or bedwetting are also common in a child who is otherwise “problem-free”. At home, the child may play strange games that seem unusual or even disturbing to you. Often they mirror situations that they themselves experience but cannot describe in any other way.
Tip: We can encounter humiliation almost everywhere – at school, at work, at home, in hospital or on the internet. It is a violation of basic human rights. Do you know how to defend yourself against it?
The kindergarten has an absolute duty under the Education Act to provide a safe environment. If teachers fail to intervene or downplay the situation, the kindergarten can be held liable for the harm caused to the child, including psychological harm.
Parents have the right to ask the nursery management to investigate the situation and take action. If the nursery does not respond, legal action may be taken.
Once bullying is suspected in a school or nursery, the institution has a clear legal obligation to act immediately. The school must investigate the situation thoroughly, not only by talking to the children, but also by communicating with parents, teachers and, where appropriate, professional counselling services. In this way, it should find out what is really going on and how serious the situation is. At the same time, she is obliged to immediately ensure the safety of the child who is in the role of victim. This may include separating the children, adjusting the daily routine or reinforcing educational supervision to ensure that the child is in a safe environment.
The school must also inform the parents, not only the parents of the child who is being bullied, but also the parents of the child who is doing the bullying. Part of good practice is the obligation to document everything carefully. Every step must be recorded in writing, because it is the thorough documentation that later proves that the school acted as it should have. If the situation is more complex, the school must also cooperate with professionals such as the school psychologist, the educational and psychological counselling centre or the OSPOD. Only then can it effectively set up corrective measures to prevent further harm – whether it is increased supervision, individual work with the aggressor or the creation of a specific crisis plan.
However, if the school fails to meet this obligation, you as a parent have the right to defend yourself. You can file a complaint against the school or a specific teacher, or seek damages, including non-pecuniary damages, if your child has been harmed psychologically or otherwise. You also have the right to contact the Czech School Inspectorate, which can investigate the school’s actions. And in particularly serious cases, the aggressor’s actions can also be dealt with through criminal law.
If you suspect that your child is being bullied, whether at school or at daycare, it is important to know that bullying is not a simple conflict, but targeted, repeated and prolonged harm that can take the form of humiliation, threats, physical attacks, ignoring, manipulation and cyberbullying. Although the term bullying is not directly named in the law, many of its manifestations amount to acts such as bodily harm, blackmail, defamation or dangerous threats, and schools have a legal obligation to provide a safe environment for children, investigate, inform parents, cooperate with professionals, document carefully and protect the child immediately in the role of victim. Bullying can also occur in pre-school, often very subtly – a child is singled out, bullied, their behaviour is changed at home, they are afraid to go to nursery or play distressing ‘games’ that reflect real situations. If the school or kindergarten does not respond, you can defend yourself by complaining, seeking redress, contacting the Czech School Inspectorate or, in extreme cases, taking criminal action. You are not alone – as a parent, you have the right to protect your child and demand that the school meets its legal obligations; professional legal advice can make it much easier for you to deal with the situation safely and effectively.
Tip: Workplace bullying takes many forms: teasing, humiliating and meaningless tasks or sexual harassment. It can occur among colleagues themselves and from a supervisor. Learn to recognise it.
Bullying is repeated, it is targeted, there is an imbalance of power and the victim suffers. A one-off conflict between two children of equal strength is not bullying.
Ask for a written opinion. If the school does not respond, contact the management, the inspectorate or legal aid.
Yes. The school has a duty to protect the children. If it fails, redress and compensation can be sought.
No. Verbal bullying can have just as serious consequences and can legally be defamation or threatening
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
