Bullying and autism: what the data show and what to do if the school does not act

If one figure had to explain why this subject is urgent, it would be this: research cited by Confederación Autismo España estimates that 63% of autistic children and young people have experienced bullying. The figure approaches 83% in studies focusing on autistic pupils without a co-occurring intellectual disability. International research points the same way: more than 50% among autistic pupils with a co-occurring intellectual disability, and around 80% among those without. The figures come from different studies carried out in different years, but they point consistently in the same direction.

The higher figure among pupils without a co-occurring intellectual disability challenges the assumption that bullying mainly affects those with the most visible support needs. Some autistic pupils may appear to cope well in class while still experiencing serious difficulties in their relationships with peers.

Why break time is the hardest part of the day

Break time looks like the easiest part of the school day, and it is the most exposed: no timetable, no instructions, no assigned place and fewer adults watching. A widely cited study observed 51 autistic children and 51 matched classmates: the autistic children spent approximately 30% of break time in solitary activities, compared with around 9% for their non-autistic classmates (Locke et al., 2016). That solitude is not always chosen, and it also leaves the child more exposed: bullying that happens where no adults are watching is the hardest to detect and to stop.

What the law requires of the school

Since 2021, Organic Law 8/2021 on the Comprehensive Protection of Children and Adolescents from Violence — commonly known by its Spanish acronym LOPIVI — has required every school, whether state-run, state-subsidised private or fully private, to apply protocols against violence and have a welfare and protection coordinator. Articles 34 and 35 set this general framework. Each autonomous community regulates the procedure, the signs that trigger it, the time limits and the required communications, so families should consult the protocol in force where the school is located.

And responsibility does not end with the paperwork. Spanish courts have repeatedly examined whether schools took reasonable supervisory and protective measures, whether they responded adequately to the information available and whether their actions were effective in practice. Claiming to have been unaware does not necessarily exclude liability, if the circumstances show that the school should reasonably have detected the situation or taken further preventive measures. And formally opening a protocol does not automatically protect a school from liability if its response was inadequate or ineffective in practice: courts examine the measures actually taken and the circumstances of each case. In January 2026, for example, the High Court of Justice of Galicia awarded 9,000 euros for an insufficient administrative response, even though it did not find a situation of bullying to have been proved.

Compensation is assessed case by case. Spanish courts have awarded different amounts depending on the harm proved and the shortcomings identified in the school's response; published examples include awards of 6,000, 9,000 and more than 32,000 euros.

Where disability-related vulnerability or discrimination is involved, additional statutory protections may apply. The LOPIVI incorporates disability considerations throughout, identifies pupils with disabilities or neurodevelopmental conditions as particularly vulnerable, and tasks the welfare and protection coordinator with fostering respect for them.

The context worth knowing

A report by Fundación ANAR and Fundación Mutua Madrileña based on 2016 cases found that teachers were becoming more aware of bullying while the proportion who took action had fallen. Later reports have described changes in both directions: in the report published in 2023, ANAR indicated that 53.9% of teachers were aware of a case and presented that increase as a sign of greater involvement. The earlier finding should be read in its historical context, but it is a reminder of why protocols exist: so that a pupil's protection does not depend on the level of engagement at any given moment.

The 2025 death of a 14-year-old pupil in Seville brought renewed public attention to schools' handling of reported bullying. The school had not formally activated the anti-bullying protocol, although a judge later found that some protective measures had been taken and provisionally dismissed the criminal case against the school; the dismissal was confirmed in June 2026. The regional education authority subsequently announced administrative sanction proceedings over the failure to activate the protocol.

What to do, step by step

First, write to the school through a channel that provides proof of receipt, describing the facts with dates and expressly requesting the activation of the autonomous community's anti-bullying protocol. A verbal report leaves no formal record; a written one creates evidence of what was reported and when, and a vague or absent reply may become relevant evidence if the matter later has to be reviewed by the Education Inspectorate or another authority.

Second, document everything from day one: messages, school incident reports, medical or psychological reports documenting the impact, witness accounts, screenshots in cases of cyberbullying, and a diary of incidents and communications.

Third, if the school does not respond or the measures are not working, escalate in writing to the Education Inspectorate for the relevant autonomous community. In parallel, the family can turn to the regional ombuds institution responsible for children's rights or, where their community has no such figure, to the national Ombudsman (Defensor del Pueblo).

And one exception that comes before every other step: if there is an immediate risk to the child's safety — serious threats, physical or sexual violence, extortion, or a risk of self-harm — the family should not wait for the earlier stages to be completed. Contact the appropriate emergency, health, police or prosecutorial services straight away. Where the situation remains unresolved through the administrative channels, the family may seek legal advice about a civil claim or making a report to the Juvenile Prosecutor's Office (Fiscalía de Menores).

A written request to begin the applicable protocol enables the school to record the facts, consider protective measures and communicate its decisions. The request should describe specific incidents; the legal classification and next steps depend on regional rules and the circumstances of the case.