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Your legal questions answered by Christine Betts, senior lawyer, schools and childcare team, Veale Wasbrough Lawyers Q I have had complaints about a three-year-old boy in my nursery. Parents say that he is bullying their children. His mother says he is just boisterous, but smaller children seem to be frightened of him and his behaviour can be dangerous at times.
Your legal questions answered by Christine Betts, senior lawyer, schools and childcare team, Veale Wasbrough Lawyers

Q I have had complaints about a three-year-old boy in my nursery. Parents say that he is bullying their children. His mother says he is just boisterous, but smaller children seem to be frightened of him and his behaviour can be dangerous at times.

A To comply with the National Standards (Standard 11), you should have a written behaviour management policy setting out the methods used to control children's behaviour and specifically addressing bullying. A named staff member should have responsibility for behaviour management issues and be able to access expert advice. The policy should be fully understood and followed by all staff and discussed with parents and children.

Information on anti-bullying policies provided by the Department for Education and Skills is not particularly helpful for early years settings, as the strategies suggested are said to be appropriate for children from five years old.

Your first priority must be to protect the children in your care, so this problem needs to be tackled promptly for the sake of both the victims and the alleged bully.

* As a first step, check levels of supervision when this child is attending, so that you have accurate information about the child's behaviour and can ensure that other children are not seriously injured.

* Then look more closely at this child's behaviour. Does he have special needs? If so, you may need to enlist specialist support.

* If your usual strategies for controlling difficult behaviour in the nursery are not working, talk to the child's parents about seeking specialist advice.

* Make sure that the child's parents are kept fully informed of the situation and of your efforts to resolve the issue. However, if they refuse to co-operate, you may need to ask them to withdraw their child. You should ensure that you have a written contract with parents which provides for a fair procedure for termination in these circumstances.

Contacts

Christine Betts

* Veale Wasbrough Lawyers, Orchard Court, Orchard Lane, Bristol BS1 5WS, tel: 0117 925 2020, fax: 0117 925 2025, e-mail: cbetts@vwl.co.uk, website: www.vwl.co.uk

Nursery World

* If you have a question that you would like answered, write to Nursery World, 66-68 East Smithfield, London E1W 1BX, fax: 020 7782 3131 or e-mail: ruth.thomson@nurseryworld.co.uk. All letters will be treated in the strictest confidence but only published questions will be answered.