A member asked over 7 years ago

Defamation of character

My son
is being accused of bringing a
knife to school and dealing drugs at the school with no evidence or
investigation to back up the allegations. My son can prove these allegations are completely false. What are his rights?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It is not clear whether your son has been subjected to disciplinary action on account of him being suspected of brining a weapon to school and/or dealing drugs at school. The school may have a right to take disciplinary action in such a situation if it presents a risk to other students or staff, or if it otherwise violates a school policy.

If a crime has been committed, the school can report the matter to the police. The police will then decide whether to investigate the matter. The police will only press charges if they have enough evidence to prosecute the crime.

If you are simply concerned about allegations being made against your son (rather than any specific disciplinary action), then it is important to know the context in which the allegations are made. A person can sue for defamation if material is published about them that is defamatory in nature (i.e. it tarnishes their reputation or causes other people to ridicule, hate or despise them). The material can be published in a variety of ways – online, print or spoken orally to a public audience. It is not clear whether the allegations against your son are sufficiently defamatory and/or whether they have been published by the school or a third party. If the allegations have not been published in some way, your son is not likely to succeed in a defamation claim.

If you have a grievance with the school, you should first make an appointment to see the school principal. Complaints to the principal may be lodged in person, by telephone, writing or via email. If your son attends at Queensland public school, you can find the principal’s email address in the Schools Directory atwww.education.qld.gov.au/directory.

If you are dissatisfied with the principal’s response, and your son attends a public school, you have the right to contact your regional office of the Queensland Department of Education. Complaints may be lodged by telephone or in writing. You will need to include specific details about the event and the steps you have taken to try to resolve the issue. Contact details for the regional offices are available atwww.education.qld.gov.au/schools/about/district.

Finally, if you have not been able to resolve the issue through the above processes, you can lodge a formal complaint with the Queensland Ombudsman (www.ombudsman.qld.gov.au) if your son attends a public school. The Ombudsman investigates complaints about the actions and decisions of Queensland public agencies, including state schools, that may be unlawful, unreasonable, unfair, improperly discriminatory or otherwise wrong.

Suggested way forward

You should pursue the above options to try to resolve the issue directly with the school or relevant government agency. Otherwise you could consider speaking to a lawyer who can fully assess your son’s situation and advise you of the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer

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