The 21-year-old sued Sandefjord municipality and demanded compensation because she suffered a mental illness after bullying at primary school. During her years in primary and secondary school, she changed schools twice and received home schooling to avoid bullying. Now the Agder Court of Appeal has come to the conclusion that employees at the primary school did not reveal and prevent what she was exposed to in the first and second grade. Thus, the school did not meet the requirement to provide her with a safe and good school environment. The junior high school took action and can not be blamed, the court believes. Smitt is satisfied with the outcome in the Court of Appeal. – I’m relieved. Now I have finally placed the responsibility where it belongs, she says. Was afraid to go to school According to the Court of Appeal, it is likely that she has been exposed to at least three specific episodes of physical violence at school and the after-school program from a student. It has also been an event in his spare time. Smitt must have feared bullying on a daily basis. Eventually she became afraid to go to school and SFO. Only when she changed schools at the end of second grade did she get better. The court concluded that she developed a psychological injury after the bullying and the unsafe school environment at the primary school. Had the school intervened, and provided a safe and good environment, she would not have had an injury. The student who had bullied her also went to upper secondary school. Then she became insecure and the vulnerability she carried with her from primary school developed into a mental injury, the court believes. Glad to be heard Sandefjord municipality has been sentenced to pay her 891,818 kroner in compensation for the fact that she has become 20 percent permanently disabled. The municipality must also pay more than NOK 1.2 million in legal costs. Although she has been awarded around 400,000 kroner less in compensation than she asked in court, she is not disappointed. – It means nothing. The most important thing is that I have been heard, says Smitt. Not unanimous The verdict is not unanimous. A judge does not find it proven that she meets the requirement to be permanently disabled. An expert in the court also said that it is impossible to determine whether she is permanently disabled now. The trial is likely to lead to significant stress, which exacerbates the symptoms. When the case was up in the district court, it came to the conclusion that she had not been permanently injured. Thus, there was no basis for compensation. Should read the verdict thoroughly The municipality has pointed out that it took measures to improve the school environment at the primary school and that it can not be blamed. Lawyer in KS, Øyvind Renslo says the Court of Appeal’s judgment is not in accordance with the municipality’s claim and assessment. Photo: Philip Hofgaard / news Lawyer in KS, Øyvind Renslo, has led the case for Sandefjord municipality. He sees that the Court of Appeal has reached a different result than the district court. – We will now go through the verdict thoroughly to see if there is a basis for appealing to the Supreme Court, Renslo says. Apart from this, he has no comments. Hoping to avoid a new court round After two court rounds, Smitt hopes that the case will not be reopened. Now she just wants to concentrate on her studies going forward. – The dream for the future is to buy an apartment, study, travel and find joy in everyday life and move on. Smitt hopes that the verdict from the Agder Court of Appeal will stand and that she will avoid a new round in court. Photo: Philip Hofgaard / news Most people are successful in bullying cases Many students experience bullying at school. In the last two years, around 2,500 students have complained to the State Administrator because the schools have not solved bullying cases. State Secretary Halvard Hølleland in the Ministry of Education and Research believes that the schools are not doing enough work, since more than 90 per cent are upheld in the cases. New rules will be presented next year. – Then we will start a competence program for teachers. This is to ensure that they are out early and close, if students experience bullying.
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Won bullying case against the municipality – The most important thing is that I have been heard – news Vestfold and Telemark – Local news, TV and radio
