'Landmark' bullying case goes to appeal

Leah Bradford-Smart "suffered" post-traumatic stress

A woman who lost a damages claim against her former teachers over bullying has taken her case to the Court of Appeal.

Twenty-year-old Leah Bradford-Smart says her former teachers should have protected her - even outside school.

She brought the first case of its kind, claiming around £75,000 damages for "persistent and prolonged bullying", in November 2000.

Her claims were against Ifield Middle School, West Sussex, where Miss Bradford-Smart was a pupil, between 1990 and 1993.

Whether the injury will be suffered in or out of school matters not to the imposition of the duty

Roger Ter Haar QC

Mr Justice Garland said in the previous High Court ruling that although a school might know a pupil was being bullied outside, teachers only owed a duty to prevent bullying within the school.

Miss Bradford-Smart's treatment by fellow pupils inside school was "not severe" or "prolonged enough" to merit calling it bullying, the judge added.

However on Monday, Roger Ter Haar QC, representing Miss Bradford-Smart, told Lords Justices Henry, Judge and Hale: "It was wrong in principle to adopt a line of demarcation at the school gate.

"Whether the injury will be suffered in or out of school matters not to the imposition of the duty."

He asked if it could be right that the school did nothing if abusive behaviour outside school was affecting a child inside school and the teachers knew that this was the case.

"Clearly the outside activities are spilling in and affecting the victim," added Mr Ter Haar.

Prostitute claims

Miss Bradford-Smart, of Ifield, Crawley, who was not in court, claims she suffered post-traumatic stress because of the bullying.

She says she was branded an exhibitionist and a prostitute who flaunted her body by pupils who had seen her in a paddling pool at home with just her knickers on.

She also claims she was chased around the playground, thrown against fences, suffered taunts, and on one occasion was pushed into a road in front of a car while she was waiting for the school bus.

West Sussex County Council, which opposed the original claim, says there was little sign Miss Bradford-Smart was being bullied while at school, and the education authority could not be responsible for behaviour outside.

The hearing was adjourned until Tuesday.