University student bullying complaint

Sustained bullying by another student is a serious matter, and you have several overlapping options ranging from internal university processes to legal remedies. The right approach depends on the nature of the bullying, whether it involves a protected characteristic, whether it amounts to a criminal offence, and how much evidence you have. Below is how the position works and the sensible order in which to approach it.

Understanding what “bullying” means in legal terms

“Bullying” is not itself a single legal category in England and Wales. What matters is what the conduct actually consists of, because that determines which routes are open to you. The same behaviour can fall under more than one heading at the same time:

Persistent unwanted conduct that causes alarm or distress on at least two occasions can amount to harassment under the Protection from Harassment Act 1997, which is both a criminal offence and the basis for a civil claim.

If the bullying is connected to a protected characteristic (race, sex, disability, sexual orientation, religion or belief, gender reassignment, age, pregnancy or maternity), it may be unlawful harassment or discrimination under the Equality Act 2010, for which the university itself can bear responsibility as an education provider.

Individual incidents may also be criminal in their own right, for example assault, threats, malicious communications, stalking, or offences under the Communications Act 2003 if online.

It is worth separating out precisely what has happened, because vague “bullying” is harder to act on than specific documented incidents with dates, witnesses, and content.

Gather and preserve evidence first

Before taking any formal step, build a clear record. This is the single most important practical thing you can do, because every route below depends on evidence.

1. Keep a dated log of each incident describing what was said or done, where, and who was present.

2. Preserve messages, emails, social media posts, screenshots, and any recordings. Do not delete anything, even if upsetting.

3. Note the names of any witnesses and whether they would be willing to confirm what they saw.

4. Keep evidence of the effect on you, for example GP records, counselling notes, or a note of missed classes or deadlines, as this supports both internal complaints and any legal claim.

Use the university’s internal procedures

For most students this is the correct first port of call, and it is also usually a necessary step before any external body will look at the matter. Universities in England and Wales are expected to have procedures for dealing with bullying and harassment between students, and complaints of this kind are normally handled under the institution’s student disciplinary procedures against the other student, supported by its complaints and, where relevant, student welfare or safeguarding processes.

Practical steps:

1. Check your university’s student handbook, website, or students’ union for the “dignity and respect”, “bullying and harassment”, “student conduct”, or “complaints” policy. Many institutions now have a dedicated report-and-support tool.

2. Report the matter in writing, setting out the incidents, the evidence, the effect on you, and what outcome you are seeking (for example a warning to the other student, a no-contact arrangement, timetable or accommodation changes, or disciplinary action).

3. Ask specifically about interim protective measures while the matter is investigated, such as keeping you and the other student apart in classes, halls, or online spaces. You do not have to wait for a full investigation to conclude before asking for practical protection.

4. Speak to student support, wellbeing, or the students’ union advice centre, who can help you navigate the process and support your welfare.

Keep in mind a complaint against the university (about how it handled things) and a disciplinary report about the other student’s behaviour are conceptually different, though they often run together. If you feel the university is not taking your safety seriously, that failing can itself become a complaint against the institution.

Escalate to the Office of the Independent Adjudicator

If you exhaust the university’s internal procedures and remain dissatisfied with the outcome or the way your complaint was handled, you can bring the matter to the Office of the Independent Adjudicator for Higher Education (OIA), the independent complaints scheme for students at higher education providers in England and Wales.

Important points about the OIA:

The OIA normally expects you to complete the university’s internal procedures first. When those procedures conclude, the university should issue a Completion of Procedures Letter setting out its final decision and the deadline for bringing your complaint to the OIA.

You must get your complaint to the OIA within 12 months of the date of the Completion of Procedures Letter, so watch that deadline carefully.

The OIA reviews whether the university acted reasonably and followed its own procedures and good practice. It does not act as a court and cannot itself discipline the other student, but it can recommend remedies, including that the university reconsiders its handling, makes changes, or pays compensation.

Consider whether the police should be involved

If any of the conduct crosses into criminal territory, you can report it to the police independently of, and at the same time as, the university process. This is appropriate where there has been violence or threats of violence, stalking, sending grossly offensive or threatening messages, or a course of conduct amounting to criminal harassment or stalking under the Protection from Harassment Act 1997. A university disciplinary process is not a substitute for the police where a crime may have been committed, and the two can run in parallel.

Civil legal remedies

Distinct from any criminal or internal route, you may have civil remedies:

Under the Protection from Harassment Act 1997 you can bring a civil claim against an individual for a course of conduct (at least two occasions) that amounts to harassment, seeking an injunction to make it stop and damages for anxiety and any financial loss. Breach of an injunction is a serious matter that can carry penalties. This can be a powerful tool where the bullying is persistent and identifiable, but it involves cost, formality, and litigation risk, so it is usually considered where internal routes have failed or the conduct is severe.

Under the Equality Act 2010, if the bullying relates to a protected characteristic and the university failed to take reasonable steps to address it, you may have a claim against the university itself as an education provider. Claims of this kind have specific procedures and time limits, so the facts and dates matter a great deal.

Court action should generally be treated as a later option after internal and, where relevant, ombudsman routes, because of cost, delay, stress, and the practical difficulty of enforcement, especially where the other student has limited means.

How the different facts change the answer

The best route depends heavily on the detail:

If the bullying is linked to a protected characteristic, the Equality Act strengthens both your internal complaint and any legal claim, and it places clearer duties on the university.

If it involves threats, violence, stalking, or grossly offensive online messages, the police and possibly a civil injunction become realistic and important options.

If it is persistent low-level unpleasantness without any criminal or discriminatory element, the internal disciplinary and welfare route, backed by the OIA, is usually the most proportionate path.

If the university has actively failed to protect you after being told, the focus may shift towards a complaint against the institution and, ultimately, the OIA.

To advise more precisely it would help to know what specifically has been said or done and how often, whether it is in person or online, whether it relates to any protected characteristic, whether you have already reported it to the university and with what result, and whether you feel physically unsafe.

Practical next steps

1. Write up a full, dated chronology of the bullying and gather all supporting evidence now.

2. Report it in writing under your university’s bullying, harassment, or student conduct policy, and ask expressly for interim protective measures.

3. Get support from student wellbeing services and your students’ union advice centre.

4. If you feel unsafe or a crime may have occurred, report to the police in parallel.

5. If the internal process ends unsatisfactorily, obtain the Completion of Procedures Letter and consider the OIA within the 12-month deadline.

6. Keep legal action, whether a harassment injunction or an Equality Act claim, in reserve for cases where the conduct is serious or other routes have not resolved it.

Acting early, keeping everything in writing, and being specific about the incidents and the outcome you want will give you the strongest position whichever route you ultimately take.