March 21st marks World Down’s Syndrome (DS) Day. Within the UK, there are around 750 babies that are born with DS every year.[1] Currently, there are around 40,000 individuals living with DS in the UK.[2] Within the UK, disabled primary school pupils are twice as likely to experience persistent bullying than their non-disabled counterparts, “and more than twice as many children with SEN [special educational needs] say they experience bullying ‘all the time’ at age seven, than those without SEN.”[3]
Within recent years, the bullying of young people living with DS has been documented in various incidents around the world. From New Zealand to Canada to the UK, young people living with DS are unfortunately subjected to cyber and public bullying. More generally, the UK has seen a terrifying trend in the rise in hate crimes against disabled children. From 2014-2016, there was a 148 percent rise in the number of reported cases.[4] These hate incidents can range from online abuse to physical harm. In response to these staggering statistics, the Home Office says that the rise is due to better reporting, where more victims are coming forward.[5] Not only are these incidents cruel and intimidating, but they also cause parents and young people to feel unsafe.
Martin Cocker, chief executive of Netsafe, a non-profit online safety organisation based in New Zealand, says that “there were four groups of people who suffered worst: anybody with a disability, minority ethnic groups, anybody who was not hetero-normative, and women. ‘Everybody in online safety knows if you meet those criteria, you’re more likely to be bullied.’”[6] Cocker believes that reducing cyber bullying will take more education, government efforts to regulate and enforce anti-bullying policies, and industry response.[7] Nowadays, more countries are implementing anti-bullying laws. For example, in 2015, New Zealand established the Harmful Digital Communications Act and since its enactment, “173 people charged with Harmful Digital Communications Act offences in New Zealand have pleaded guilty between June 2016 and 2019. In 2019, 72 people out of 120 charged with Harmful Digital Communications Act offences were convicted.”[8]
In other countries like the UK, however, bullying is not a criminal offense and therefore, there is no explicit anti-bullying legislation that would result in punitive effects of charges or convictions. The closest legislative action that one might take to criminalising bullying is if it is qualified as a hate crime within the UK, as described above. Anti-bullying initiatives mainly fall under child protection and safeguarding. UK law makes it clear that schools are the main institutions that “have a duty of care to protect all their pupils and provide a safe, healthy environment.”[9] This mandate in relation to anti-bullying is exhibited in Section 89 of the Education and Inspections Act 2006, which “states that maintained schools must have measures to encourage good behaviour and prevent all forms of bullying amongst pupils.”[10] Another piece of legislation that is related to anti-bullying initiatives is the Equality Act of 2010, which is a law that protects anyone from discrimination because of any factors related to identity, including disability.[11]
In recent years, there has been more effort from the UK government and charities to promote anti-bullying initiatives and practices, especially within school settings. For example, in 2013 the Council for Disabled Children partnered with the Anti-Bullying Alliance, Achievement for All, and Contact a Family, for a government funded programme aimed at reducing the bullying of disabled young people living with special educational needs.[12] This partnership developed training for schools, parent carers, and professionals in the children’s workforce. It has also provided additional resources to support schools and professionals. Since its formation, this partnership has delivered face-to-face training to over 500 schools, which has included over 100 teachers in training, and almost 500 workforce children’s workforce and 200 parents and carers.[13] There has also been the development of an online training tool, which has reached at least 2,500 parents and 6,000 professionals.[14]
Though this initiative provides hope in the fight to combat bullying against children and young people living with special educational needs, like DS, there is much more work to be done to ensure safer and more inclusive environments.
References
Agerholm, Harriet. 2017. “Hate Crimes against Disabled Children Rise 150 per Cent in Two Years.” The Independent. October 16, 2017. https://www.independent.co.uk/news/uk/home-news/hate-crimes-disabled-children-rise-150-per-cent-two-years-a8002261.html.
Andelane, Lana. 2020. “What Is the Harmful Digital Communications Act and How Are Offenders Penalised?” Newshub, February 2020, sec. NZ. https://www.newshub.co.nz/home/new-zealand/2020/02/what-is-the-harmful-digital-communications-act-and-how-are-offenders-penalised.html.
Anti-Bullying Alliance. 2017. “Bullying and the Law Briefing.” https://www.anti-bullyingalliance.org.uk/sites/default/files/field/attachment/Bullying%20and%20the%20Law%20FINAL_0.pdf.
Council for Disabled Children. n.d. “Promoting Effective Practice to Reduce Bullying.” councilfordisabledchildren.org.uk.https://councilfordisabledchildren.org.uk/our-work/social-care/practice/promoting-effective-practice-reduce-bullying.
Down’s Syndrome Association. 2014. “FAQs.” Down’s Syndrome Association. January 30, 2014. https://www.downs-syndrome.org.uk/about/general/.
Kiteley, Patrick, and Ben Robinson. 2017. “Disabled Children Hate Crime Reports Increasing.” BBC News, October 15, 2017. https://www.bbc.co.uk/news/uk-41600137.
Woolf,
Amber-Leigh, and Andre Chumko. 2017. “Teenage Girls Torment Down Syndrome
Student, Post Bullying Photos on Snapchat.” Stuff. November 2017. https://www.stuff.co.nz/national/education/98768417/teenage-girls-torment-down-syndrome-student-post-bullying-photos-on-snapchat.
[1]Down’s Syndrome Association. 2014. “FAQs.” Down’s Syndrome Association. January 30, 2014. https://www.downs-syndrome.org.uk/about/general/.
[2] Ibid.
[3] Council for Disabled Children. n.d. “Promoting Effective Practice to Reduce Bullying.” councilfordisabledchildren.org.uk.https://councilfordisabledchildren.org.uk/our-work/social-care/practice/promoting-effective-practice-reduce-bullying.
[4] Agerholm, Harriet. 2017. “Hate Crimes against Disabled Children Rise 150 per Cent in Two Years.” The Independent. October 16, 2017. https://www.independent.co.uk/news/uk/home-news/hate-crimes-disabled-children-rise-150-per-cent-two-years-a8002261.html.
[5] Kiteley, Patrick, and Ben Robinson. 2017. “Disabled Children Hate Crime Reports Increasing.” BBC News, October 15, 2017. https://www.bbc.co.uk/news/uk-41600137.
[6] Woolf, Amber-Leigh, and Andre Chumko. 2017. “Teenage Girls Torment Down Syndrome Student, Post Bullying Photos on Snapchat.” Stuff. November 2017. https://www.stuff.co.nz/national/education/98768417/teenage-girls-torment-down-syndrome-student-post-bullying-photos-on-snapchat.
[7] Ibid.
[8] Andelane, Lana. 2020. “What Is the Harmful Digital Communications Act and How Are Offenders Penalised?” Newshub, February 2020, sec. NZ. https://www.newshub.co.nz/home/new-zealand/2020/02/what-is-the-harmful-digital-communications-act-and-how-are-offenders-penalised.html.
[9] Anti-Bullying Alliance. 2017. “Bullying and the Law Briefing.” https://www.anti-bullyingalliance.org.uk/sites/default/files/field/attachment/Bullying%20and%20the%20Law%20FINAL_0.pdf., 1.
[10] Ibid., 2.
[11] Ibid., 3.
[12] Council for Disabled Children. n.d. “Promoting Effective Practice to Reduce Bullying.” councilfordisabledchildren.org.uk.https://councilfordisabledchildren.org.uk/our-work/social-care/practice/promoting-effective-practice-reduce-bullying.
[13] Ibid.
[14] Ibid.