Whether it will ensure that, where action is taken by local authorities in respect of allegations against teachers of violence against pupi…

The Scottish Executive is aware of the need for pupils to be able to raise matters of concern. This must be balanced with the need to protect individual teachers against malicious allegations. This balance would not be served if local authorities were inhibited from investigating or acting on allegations due to the fear of being sued for defamation. The concept of qualified privilege operates when there is a duty on a person to speak openly. Qualified privilege means that a defamation action can only be successful if a court finds that the allegation was false and was made with malicious intent. We consider that this generally provides sufficient protection for pupils making allegations in good faith.