Advice for Parents
If any school employee hits your child you have the right to file a complaint with the police.
It is 100% illegal for any school employee to use ANY form of corporal punishment on children.
The law also states that any school employee who hits a child should be immediately dismissed and their professional teaching licence be reviewed.
If you file a complaint the police must investigate!
However, as the offence is one of “common assault”the police cannot act unless there is a plaintiff. In other words they cannot take action against schools or teachers unless someone actually files a police report. It also means that ONLY the teacher who actually hits the child can be prosecuted. This is how school directors and owners “get away with it” as they cannot be held liable for the actions of their employees.
you will need some hard evidence to actually persuade public prosecutors to take the case to court. This means that the police (as usual) will opt for mediation between you and the school. This is unsatisfactory but it usually results in an END to your child being hit as the teachers will, at very least, be informed of the law and warned about their future conduct.
One of the main reasons it is still so common in Thailand is that parents are reluctant to make problems due to the reverence often given to schools and teachers as government institutions.
Schools are NOT permitted to claim they have permission from parents – so called opt in contracts are equally unlawful! The law exists to protect ALL children equally and parents have NO right to supercede the laws of Thailand. Many schools DO try to implement these agreements but this is usually because they do not understand the law and the police will notify the schools that any such agreement is unlawful.
You also have the right to take the case directly to the local Education Court but this is a lengthy process and (probably) best avoided except is very serious cases where the police refuse to act.
If you DO make a complain to the police, and they refuse to act, please contact us and let us know as we will get the Ministry of Education to investigate in these circumstances. However in 99% of cases the police will do something as they are obliged to act on filed reports in some capacity.