Anti-bullying guidance for adults working with children and young people

Appendix 2

Prejudice-based bullying

This section provides information regarding different forms of prejudice-based bullying behaviour. This includes those related to the protected characteristics in the Equality Act 2010 as well as broader characteristics or circumstances which may be the target of bullying behaviours.

Equality Act 2010

There are nine characteristics protected under the Equality Act 2010. These are:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

Part 6 (chapter 1) of the Equality Act 2010, which deals with school education, does not apply to the protected characteristics of ‘age’ and ‘marriage and civil partnership’.

Age: Part 6 (chapter 1) of the Equality Act 2010, which deals with school education, does not apply to the protected characteristic of ‘age’, however, people are protected from discrimination on the grounds of age in other settings including workplaces and further education.

Disability: the Equality Act 2010 defines disability as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. Increased knowledge and understanding about disability and the barriers and challenges they can face can help reduce bullying. The language and behaviour used may be a result of a lack of understanding about the nature of a person’s disability. People who bully others may see disabled people as being more vulnerable and less able to defend themselves or tell an adult about the bullying.

Gender reassignment: the term ‘gender reassignment’ is a protected characteristic under the Equality Act 2010 and refers to those who propose to go through, are going through, or have gone through a process for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex.

The term ‘transgender’ or ‘trans’ is a term used to describe people whose gender is not the same as the sex they were assigned at birth. Gender identity is a person’s innate sense of their own gender.

Transgender people face significant societal prejudice largely because they are perceived as not conforming to gender stereotypes, expectations and norms. As a result, transgender young people can be particularly vulnerable to bullying.

Transphobic bullying is behaviour or language which makes a young person feel unwelcome or marginalised because of perceived or actual transgender identity or transgender expression. This can manifest in many ways including verbal abuse and slurs or deliberately mis-gendering them. A young person may also experience transphobic bullying if someone is perceived to be transgender or someone they are associate with is transgender, i.e. a parent, relative or other significant figure. The Scottish Government has published guidance on Supporting Transgender Pupils in Schools, which includes information on transphobic bullying.

Marriage and civil partnership: Part 6 (chapter 1) of the 2010 Equality Act, which deals with school education, does not apply to the protected characteristic of ‘marriage and civil partnership’, however people are protected from discrimination on the grounds of marriage and civil partnership in other settings including workplaces and further education.

Pregnancy and maternity: young parents can experience bullying because of the stigma and judgement that is still associated with young parenthood. Staff should be aware of the increased possibility of bullying in relation to a young pregnant person or young parent and that this can occur face to face as well as online. Schools and organisations should be cognisant of their anti-bullying practice and approach and ensure young people receive adequate information and guidance around this topic. For those who are pregnant/young parents, this can add to what is already a potentially highly emotional and stressful time. The Scottish Government has published guidance on Supporting young pregnant women and young parents in school.

Sexual orientation: bullying based on sexual orientation is largely motivated by prejudice towards lesbian, gay or bisexual people, and those sexual orientations or gender identities which are not heterosexual or heteronormative. Homophobic or biphobic bullying is when a young person’s actual or perceived sexual orientation is used to exclude, threaten, hurt, or humiliate them.

Any young person can be homophobically bullied, irrespective of their actual sexual orientation. Sometimes young people can be homophobically bullied because others think that they are Lesbian, Gay, Bisexual and Transgender (LGBT), because they have LGBT family or friends or, often, because they are seen as different or not conforming to gender stereotypes. Transgender children and young people can therefore also experience homophobic bullying.

Homophobic or biphobic language and jokes around the school can create a climate of homophobia; for example, the use of the word ‘gay’ to mean substandard or have negative connotations. This type of language is prejudice-based and should therefore be addressed as part of a school culture and ethos which promotes equality and inclusion. Scottish Government and Time for Inclusive Education have produced guidance for school staff to support the implementation of LGBT Inclusive Education.

Racism and race: under the Equality Act 2010, race includes colour, nationality (including citizenship) and ethnic or national origins. Children and young people from groups who are at risk of experiencing racism may experience racist attitude and behaviour based on perceived differences which reflect wider societal patterns of inequality, power imbalance and discrimination. Prejudice towards the minority ethnic group a child or young person belongs to – or to which people assume they belong – in a school, community or organisation can often lead to a child or young person experiencing bullying behaviour. Racist behaviour and incidents can arise from a misguided and learned belief that children and young people from minority ethnic groups are less valued and ‘deserve’ to be treated differently, or with less respect.

Children and young people from Gypsy/Traveller communities may be at greater risk of bullying. Some bullying behaviour against these groups may be of a racist nature which, given that race is a protected characteristic, can contravene equality legislation and have hate crime implications. Perceived risks about bullying and parents’ own experiences of discriminatory and racist 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 and Roma families may have similar concerns.

Resources are available to support schools on responding to racism and racist incidents.

Religion or belief: people who have a religion or belief, as well as those who do not, are protected under the Equality Act 2010. Religious, belief- or faith-based discrimination may manifest through actions or words directed towards a person of faith or a faith community, for example, anti-Hinduism, antisemitism or anti-Sikh discrimination. Discrimination can also happen within groups who share the same religious belief, for example, Muslim or Christian sectarianism.

Prejudice may centre on aspects of traditions, beliefs and etiquette of different faiths and can lead to religious intolerance. 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.

In some cases, racism is the underlying factor in religious discrimination against people from minority ethnic communities. For example, learners who are not Muslim may experience Islamophobic bullying or anti-Hinduism as a result of racially stereotypical assumptions linked to their skin colour or other aspects of their appearance.

Sex (including sexual harassment, sexism and misogyny): the Equality Act 2010 protects people from being treated differently because of their sex. Girls and young women can be subjected to a range of behaviours by boys and young men because of gender inequality. This includes sexism, misogyny, sexual harassment, and other forms of gender-based violence (GBV). Sexism is discrimination or discriminatory language which seeks to belittle women and girls. Misogyny is the hatred of women, often expressed with hateful, sexualised language which aims to imply that women are inferior. Sexism and misogyny create a context where GBV can thrive. Girls and young women often experience bullying which is based on sexism and misogyny. Girls experiencing more than one form of inequality are at higher risk of being subjected to misogyny, which can often be combined with racism, homophobia, transphobia, ableism, and other prejudices.

Sexual harassment is distinct from the behaviours above and can include catcalling, wolf whistling, sexual language and sexualised intimidation or threat. It is important that sexual harassment is treated as GBV. The Scottish Government has published guidance to support schools in preventing and responding to gender-based violence.

Many of these behaviours are caused by gender inequality – unequal social power between girls and boys – and create a context which can allow serious forms of violence to take place. It is often unseen and unreported.

Bullying which draws on misogyny can also be directed against boys and young men For example, ‘you throw like a girl’. Even when directed at boys, it still draws on the degradation and belittling of women, and thus causes girls further harm. It can be linked to homophobia.

Other characteristics

The following characteristics may be the target of prejudice-based bullying; while they are not explicitly protected by law under the Equality Act 2010, there are aspects of the characteristics that may be caught depending on the circumstances. Irrespective of this, a robust response should be taken to any form of bullying. It is important for schools to consider whether there are patterns of bullying behaviour within their school communities which could be addressed by providing learning for children and young people about inequality and diversity.

Additional Support Needs: these can arise for any reason and be of short- or long-term duration. Additional support may be required to overcome needs arising from a school learning environment; health or disability; family circumstances or social and emotional factors, and therefore may relate to a protected characteristic. 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. Some with additional support needs may be protected under the disability protected characteristic.

Children and young people with an additional support need may not realise that the behaviour happening to them is bullying. Staff should therefore be alert for behaviour that may constitute bullying, without the responsibility solely being on the child or young person to report it. Staff are able to report bullying incidents on SEEMiS without a child or young person reporting it.

Asylum Seekers and Refugees: children and young people who are asylum seekers or refugees may be at greater risk of bullying. Some bullying behaviour against these groups may be of a racist nature which, given that race is a protected characteristic, can contravene equality legislation and have hate crime implications. Stigma, due to lack of knowledge 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 and significantly negatively impact their wellbeing. Body image and physical appearance can also be a highly sensitive area in which school staff will need to carefully consider their responses. In some cases, bullying relating to body image and physical appearance may intersect with a protected characteristic, such as race or disability, for example being bullied for female body/facial hair, facial deformities and scars (potentially from war/torture).

Care Experienced Children and Young People: care experienced children and young people can be particularly vulnerable to bullying. Children and young people can face bullying behaviour simply because they are care experienced and seen in some way as ‘different’. Children and young people who are cared for away from home can also experience bullying behaviour in their residential care home, at school and in their community. Care experienced children and young people may not always have a stable support network to turn to when experiencing bullying. For some children and young people forming positive relationships with peers and adults can be more difficult due to their early childhood adversity. Developing trusting and supportive relationships between children, young people and practitioners is required to address bullying of all forms and in all settings.

Family and household circumstances: children and young people may experience discrimination for their family situation. For example, if the child or young person is from a single-parent family, a blended family or has a relative who is in a same-sex relationship. Bullying of children who endure parental substance use can also be prevalent.

Family imprisonment: children and young people affected by family imprisonment are at risk of bullying for a range of reasons. Keeping in contact with a family member in prison can mean children and young people miss time at school, clubs, and socialising with friends. Having to explain or make excuses for their absence can pose challenges for peer relationships. Children and young people affected by imprisonment can also often feel left out in peer discussions about parents or other family members. The stigma of having a family member in prison can lead to children and young people trying to keep the experience hidden from their peers. This can make it difficult to form and maintain peer relationships. Where children and young people choose to disclose their family member’s imprisonment, or where this information is shared by others in the community or the media, the stigma of imprisonment can make them a direct target of bullying behaviour.

Forces children: children from armed forces and veteran families can face significant challenges due to forces life. They may experience frequent moves around the country which for some are challenging due to the loss of friendships and disruption to education. Deployments and separation from parents are also events that can happen due to forces life. Some families may move up to once every two years which means children and young people re-establishing themselves in a new school and some feel there is no point even trying to make new friends which can lead to isolation. This group can sometimes feel different from their classmates and can be bullied for a number of reasons such as having a different accent, or simply for being in a forces family. Having a parent being away can also add to the emotional difficulties a child or young person may feel as they may not want to open up about the difficulties they face to their non-serving parent. Research has shown that children who attend schools which are more educated about military life face less bullying and discrimination, so it is important schools understand their lives more and are able to support this group.

Mental health stigma and discrimination: children and young people may feel uncomfortable to speak about their mental health for fear of the consequences. Fear of stigma and discrimination can prevent an individual from sharing their mental health concerns. Judgemental preconceptions about mental health may endorse negative stereotypes which can impact someone who experiences mental health problems, potentially making them feel worse about themselves and hindering recovery.

Sectarianism: most people understandably associate sectarianism with religion, which is a protected characteristic. The reality of prejudice however means that family background, supporting particular football teams, where a child or young person lives, which school they attend or the colour of clothing they wear can be a target of sectarian abuse, regardless of the individuals’ beliefs. 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, Ahmadi and Shia Muslims within Islam, and Orthodox and Reform Jews within Judaism.

Socio-economic/poverty prejudice: poverty contravenes a number of articles laid out in the United Nations Convention on the Rights of the Child (UNCRC) and denies children and young people many of their rights.

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 socio-economic group. Where poverty‑related bullying is witnessed or experienced, it is based upon the consequences of poverty, such as: poor appearance or lack of school uniforms, shoes and PE kits; type of clothing worn on non-school uniform day; lack of money to socialise with friends, being in receipt of free school meals; and not being able to have ‘sleepovers’. Schools and organisations need to be aware and compassionate around both the emotional and financial consequences of poverty and how it affects children and young people in all areas of their life.

Young Carers: the lives of young carers can be significantly affected by their responsibility to care for a family member or friend to illness, disability, mental health problems or an addiction. Young carers are at risk of bullying for a variety of reasons. Carers Trust survey work indicates that 36% of young carers who responded had been bullied about their caring role. Depending on their caring responsibilities, 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 and sustain relationships with peers; it can hinder successful transitions or lead to them not achieving their educational potential.