Schoolgirl, 14, sues council for £20,000 over 'years of bullying'

The Aberdeenshire schoolgirl is seeking 20,000 compensation from her local education authority for psychological damage, and her landmark challenge will bring hope to thousands of children whose lives are blighted by playground bullies. Lawyers expect to be granted legal aid within days to pursue claims that Dyce Academy failed to protect her.

The King family has recorded 700 incidents of bullying since Natalie, now 14, was six, and the Court of Session in Edinburgh is expected to hear evidence about 32 pupils alleged to have picked on her during a two-year period.

For as long as Natalie can remember, she has been attacked and humiliated by those she wanted to regard as friends. The youngster, from Newmachar, suffers panic attacks, severe depression and has contemplated suicide. Pupils at Dyce Academy taunted her about the way she looked and threatened to kill her, she says.

"Dyce Academy was the worst," says her mother, Jacquelyn. "They spat on Natalie and threw her down the stairs on a daily basis. They kicked and punched her, and called her a bitch and a whore. The psychological impact has been horrendous. It became so bad, she thought about taking her own life. She has absolutely no self-worth, and always blames herself. She has lost weight and has tried desperately to be accepted.

"Natalie had the most beautiful curly, red hair, but she dyed it because she doesn’t want to stand out."

Despite numerous meetings with teachers, councillors and education officials, Mrs King felt the bullying was not being tackled. She was so concerned she transferred Natalie to Inverurie Academy last summer - but the young girl has had problems there too.

"Aberdeen City Council refuses to acknowledge there is a problem," says Mrs King. "It all started in primary two, and Natalie has been moved around from school to school since then. I had so many meetings and followed all the proper channels, but I was just banging my head against a brick wall.

"Every school has its bullies, but it is how the authorities deal with it. Legal action was our last resort."

This is not the first case in which individuals have tried to sue for trauma suffered at school. In September 1998, Lord MacLean rejected a 30,000 damages claim by Deborah Scott, the first of its kind in Scotland, because she failed to prove teachers at the Royal High School, Edinburgh, hadn’t done enough to protect her in the late 1980s. She claimed she took an overdose aged 14, when taunts and bullying became unbearable. Ms Scott’s legal action was against Lothian Regional Council, the then education authority, over a series of incidents.

After approaching a teacher, the bullying was logged in the school records. But the abuse continued and Ms Scott took 40 antihistamine tablets which led to her being hospitalised.

In his written judgment, Lord MacLean said Ms Scott’s basic complaint was that teachers should have realised there was a risk of bullying continuing and failed to take all reasonable steps to prevent it. The fact she did not continue to report further incidents, either at school or to her parents, lost her the case.

Cameron Fyfe, the lawyer representing Natalie, is confident of a result and says the implications for other children are huge. If successful, every school will need to have a bullying policy which is seen to be effective, and a failure to take prompt action could see other local councils dragged through the courts.

"This is an extremely important test case which could have an effect on many other families," he says. "We believe the school was negligent by failing to take steps to protect Natalie. So far, there has never been a successful case because people have failed to prove that the schools were made aware of the bullying. If we win, it will put pressure on local authorities to take bullying more seriously."

Mr Fyfe is already dealing with 50 other cases and says more parents are now prepared to take a stand: "It’s a combination of bullying being worse than ever and more people being aware of their rights. People read about other cases and want to take action."

Fears of a flood of new cases were confirmed last week, when two more teenagers took legal action. A second pupil at Blairgowrie High School, which has earned the soubriquet "Battlefield High", won an interim interdict forbidding two 15-year-old pupils from further verbal or physical assault. In Dundee, a 15-year-old girl has taken legal action against two pupils she claims have subjected her to months of abuse.

Blairgowrie High hit the headlines earlier this month when Jennifer Souter, 17, won a ground-breaking court order against bullies.

It is thought as many as 12 local authorities, including Perth, Edinburgh, Glasgow and East Dunbartonshire, will face legal action amid allegations that they failed to ensure the care of 50 victims.

Experts at the Scottish Child Law Centre (SCLC) believe children as young as ten will soon be launching their own court actions against bullies.

Fiona Miller, the SCLC’s principal solicitor, says it is only a matter of time before such a case is lodged under the provisions of the Age of Legal Capacity Scotland Act. She says: "Any child under 16 can instruct a solicitor if they have the necessary level of understanding. It does empower children to take an element of control."

Despite the pressure of a legal battle, Natalie is determined to have her day. "This is all about accountability," says her mother." We want everyone to sit up and say, ‘We should have helped that girl’.

"Natalie wants to pursue it in court and it’s a comfort for her to know people are going to help. But from a mother’s point of view, it is heartbreaking because this is not the end. She will continue to need counselling and what has happened will stay with her for the rest of her life."