Schools are at risk of legal challenge from pupils who have been sexually harassed on their premises, human rights lawyers have warned. They say the Department for Education could also be taken to judicial review over its duty to protect schoolgirls from abuse by their peers.

Under the Equality Act 2010 and Human Rights Act 1998, schools have a duty to ensure that they are doing everything possible to keep pupils safe from sexual assault and sexual harassment, according to Sarah Ricca, solicitor with human rights firm Deighton Pierce Glynn.

The acts stipulate that any individual has the right to freedom from “inhuman and degrading treatment”, as well as the right to an effective education. But Ms Ricca is concerned that schools have not grasped the full implications of the law.

“There have begun to be moves around how the police deal with sexual violence and female genital mutilation,” Ms Ricca said. “There is increasing recognition that we aren’t getting this right as a society. And schools haven’t caught up. They’re a piece of the jigsaw that is still missing.”

The solicitor pointed to evidence from this month’s Commons Women and Equalities Select Committee report, which finds that groping, name-calling and bullying are part of everyday life for schoolgirls, but tend to be dismissed as banter.

“There’s an obligation on any public authority to have systems in place to protect fundamental rights - just as there is in the context of the workplace,” said Ms Ricca, who has advised the End Violence Against Women coalition.

If an employer was letting its employees be regularly groped by other employees, or they were being called sluts and slags, the employer could be sued for sexual discrimination, Ms Ricca said. “It’s not all that different in schools,” she added.

A government spokesperson said: “Our statutory guidance is clear that anyone who has concerns about pupils’ welfare should contact local authorities - or, if a crime is committed, the police - and all schools must act swiftly on any such allegations.

“The Keeping Children Safe in Education guidance states that schools and colleges’ child protection policies must include procedures to minimise the risk of peer-on-peer abuse, and must outline how to tackle allegations of abusive behaviour. These policies should also make clear that abuse is abuse, and should never be tolerated.”

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This is an edited version of an article in the 30 September edition of TES. Subscribers can view the full article here. This week’s TES magazine is available at all good newsagents. To download the digital edition, Android users can click here and iOS users can click here