A SWAN Hill Primary School student's guardian is taking legal action against the Victorian Department of Education, after claiming a 10-year-old in her care was "assaulted and racially abused" by other children at the school.
In a writ filed to the Victorian Supreme Court last week, it is alleged the student sustained severe psychological damage as a result of bullying during 2010 and 2011.
The writ claims the boy has developed post-traumatic stress disorder, insomnia and severe anxiety.
The boy's legal representative Kim Bainbridge confirmed the guardian would be seeking damages on behalf of the student, but at this stage the amount of compensation was yet to be determined.
Mr Bainbridge said his firm Garden and Green been asked to represent numerous students from around the region since 2010, when a former Kerang Technical High School student was awarded $290,000 for being bullied.
"A lot of (parents or guardians) only come to us when they've exhausted all possible avenues with their school," Mr Bainbridge said.
"Their motivation is to get the Department of Education and the minister to change their policy and do something about protecting their children."
Mr Bainbridge said a majority of cases where students had sued their schools were settled out of court.
While Mr Bainbridge has noticed an increase in claims against schools, he said there were measures in place to ensure people could not exploit the system.
Local school counsellor Liz McDonald said every school experienced bullying at some level, and encouraged parents to talk to their children about school life.
"When kids come home, they don't necessarily come home and talk. If you're not open, they're not going to tell you (about problems)," Ms McDonald said.
"If you take the time to be available for them to talk to you, then you're going to be informed sooner rather than later."
Ms McDonald said bullying usually took place when there was less supervision -- such as in the playground or outside school -- and the victims were often shy and had poor communication skills.
"It may not be that they are different, but if they feel different they can become more vulnerable," she said.
With legal proceedings underway the Department of Education and Early Childhood Development was unable to comment on the case but said bullying was not tolerated.
"The department does not tolerate any incident of bullying or violence of any kind at any Victorian government school and is committed to providing safe and supportive schools for all students," a spokeswoman said.
"The Victorian Government takes any incident of bullying or violence extremely seriously and understands the concerns of the community, parents, students and teachers when it comes to dealing with these issues."