SHAH ALAM, Aug 13 — Criminal lawyer Irwan Sumadi explained that parents may take legal action against a school if it can be proven that negligence led to a pupil being injured or becoming a victim of bullying.
He said that the lawsuit would not be solely about the bullying incident itself, but rather about the school’s failure to fulfil its duty of care as a guardian while the pupil was on school premises.
“Schools and teachers are responsible for ensuring a safe environment, free from dangerous elements, supervising pupils to prevent fights or accidents, and creating an atmosphere that reduces the risk of bullying incidents,” Irwan told Media Selangor.
He also referred to a 2024 case in which the Federal Court ordered a headteacher, a senior assistant, the Director-General of Education, and the government to pay RM600,000 in damages over a bullying case at an east coast school, which resulted in a student losing hearing in the right ear.
Irwan clarified that negligence claims against schools would be pursued through civil action, not criminal prosecution.
“If negligence can be proven, parents can sue. The process involves appointing a lawyer to file the lawsuit in either the Sessions Court or the High Court,” he said.
Irwan added that the amount of damages would be assessed based on the severity of the injury — whether permanent or temporary — and other factors contributing to the incident.
