Legal action | Mobbing in the elementary school

Legal action

Many parents believe that steps, which are perfect on the legal level, are useless with underage offenders – in this case active mobbers. This approach is however wrong, because also with Mobbing applies: Parents can cling for their children. Before legal steps are taken and a lawyer is consulted, the situation should first be resolved through personal discussions with the teachers and the parents of the bullying children.

Most children are not at all aware that they are actually committing a crime. If they are then informed about the facts of the case, many mobbing offenders reflect and refrain from future actions. It must be counted also on the fact that the parents of the offenders place themselves behind their protégés and try the Mobbing down-play to down-level as child stupidity.

If they become also after clear exposition of the events and the psychological load for the Mobbing victim not understanding, a legal assistance can be necessary. Mobbing is not only childish stupidity – Mobbing becomes punishable from a certain degree. Severe insults, slander and slander are criminal offences.

Even if a human being in Germany is only punishable as of 14 years (a report to the police against the Mobbing offenders would be pointless), civil law ways can be introduced. So the parents of the Mobbers can be warned and cleared up over the lawyer over the wrong behavior of their child. The next step would be the drawing up of a contract of omission, which obliges the parents to prevent their child from mobbing of any kind in the future.

Since a violation of this contract and the parental obligations associated with it can result in a fine of 2000 to 5000 Euros, the parents should be made aware of the urgency of the situation. Also the lawyer’s fees for the ongoing proceedings must be paid by the parents. If they refuse to sign a cease and desist agreement, they can be sentenced by the court.