August 2025

As parents, we all want our children to be safe—at home, at school, and online. But when harm happens and no one seems willing or able to take action, the sense of helplessness can be overwhelming.

We’re hearing more and more stories from families about bullying that takes place outside of school hours, and often online. There is the frustration that follows when schools decline to step in, citing that it’s “not on school grounds” or “not their responsibility.”

But courts are beginning to take a different view.

A Changing Legal Landscape

Last year, a New South Wales court in the matter of T2 (by his tutor T1) v State of New South Wales [2024] NSWSC 1347, awarded damages to the family of a 14-year-old autistic boy who was physically assaulted after school, just beyond the school boundary. What made this case significant was that the school had been aware of earlier threats and risk factors, yet failed to take meaningful steps to prevent foreseeable harm.

This case didn’t hinge on a single punch or confrontation, it was about a pattern of escalating behaviour and a systemic failure to assess and manage risk. Importantly, the court made it clear: a school’s duty of care doesn’t automatically end when the bell rings. More recently, on 25 July 2025, the NSW Court of Appeal upheld the original decision (State of New South Wales v T2 [2025] NSWCA). This has significant ramifications for educational institutions as it confirms that the Courts are increasingly recognising that a school’s legal duty of care to its students may extend beyond the school gates and school hours under certain conditions. 

While each case turns on its own facts, this decision reflects a growing recognition that the relationship between school and student doesn’t stop at the school gate, particularly where bullying or conflict between students is known or foreseeable.

Not a Blame Game—but a Wake-Up Call

This isn’t about vilifying schools. The vast majority of teachers and school leaders are doing their best in increasingly complex environments, often with limited resources and under immense pressure. Many are as heartbroken and frustrated as the families themselves when things go wrong.

But it’s also fair to say that “we can’t act because it didn’t happen at school” is no longer a defensible stance either ethically, practically, or in some cases, legally.

At the same time, we must also confront another uncomfortable truth: some children are permitted—consciously or not—to engage in persistent, harmful behaviour toward others. When families turn a blind eye to what their child is doing online, deny that their child “would never”, or excuse it as “just kids being kids,” real harm is caused, and opportunities for early intervention are lost.

What Needs to Happen

We need a cultural shift in how bullying is viewed and managed—not just as a behavioural issue, but as a safety, wellbeing, and accountability issue that transcends school boundaries and digital platforms.

That means:

• Schools reviewing their bullying and risk management policies to ensure they respond to known conflict, regardless of where or how it occurs.

• Families working with—not against—schools to address harmful behaviour, even when it happens off-site or online.

• Communities advocating for restorative, trauma-informed approaches that support both victims and those who harm, recognising that both often need help.

It also means acknowledging that inaction, whether due to confusion, fear of legal exposure, or simply not knowing what to do can have devastating consequences for all of the children involved.

A Word for Frustrated Parents

If you’re a parent watching your child struggle while others dismiss or downplay what’s happening: you’re not alone. There are many families experiencing the same frustration, the same helplessness, the same sense that no one is truly listening.

Know that your concerns are valid. Know that change is possible. And know that the law is slowly catching up with what so many parents have known for years: when harm is foreseeable, someone needs to take responsibility.

Let’s not wait for another court case to tell us what we already know. Let’s work together—schools, parents, and communities—to build safer environments for all kids, no matter where they are.

This article is for general discussion and awareness only. It is not intended as legal advice or a substitute for professional guidance in individual circumstances.

Comprehensive policies must be in place to prevent and address bullying effectively.

Access to legal advice can empower victims and their families to take appropriate action.