Re: Who's fault?
Does said child get hurt every single day or on a regular basis by the same child/ren? If so, then yes that is bullying and I would take it very seriously, I would contact the teachers and head teacher until something gets sorted, quickly. Take it to the school governers too, parents forum...basically do not stop harassing them until your child feels safe.
If it was a one off incident, then unfortunately that is not classed as 'bullying' and the school may not take it as seriously.
I have taught 3-7 year olds over a number of years and at least 25 of my class of 30 children will hit/hurt other children, not daily, mainly one off incidents as they are children...I don't mean that as an excuse. Sometimes when children get upset or angry they don't know how to react so it's easier to just hurt another child. Sometimes it's an accident, sometimes it's intentional as they don't know how else to react or channel their anger/feelings, and sometimes they just do it because they can. That doesn't make them 'bad' children, they just cross the boundaries, as children do with everything, not just hitting. I sometimes think that parents don't realise that there are up to 30 children in my class and yes we have class rules and school rules, but 30 children in one classroom, incidents will occur. That doesn't mean the teacher isn't aware of it and isn't trying to stop it from happening.
Just last week I had to deal with a 'bullying' complaint. A 6 year old child 'strangled' a 9 year old girl. The 9 year old girl asked him to chase her around the playground, he caught her by the neck, she didnt ask him to stop, she didn't say she didn't like it, so the 6 year old child continued to chase her and catch her in that way. The 9 year old went home and told her mother that she was 'strangled' at school today. Her mother sent an email to the head teacher saying her child had been 'bullied' and wanted action.
I spoke to both children involved, the 6 year old said he did catch her by the neck once and understood that it was wrong, but he didn't realise it was wrong at the time as the girl was not asking him to stop, in fact, she admitted to saying that she liked it! So the 6 year old is getting the message that it's fine to catch somebody by the neck. The 9 year old admitted to playing this type of game with this child before and she did in fact like being caught by the 6 year old. She realised she should have asked him to stop and/or tell a teacher if he continued to do so. Before the 9 year old got her mother involved, the class teacher had no idea what was going on.
Most children this young think the playground is separate from the classroom, therefor don't bother telliing the teacher what happens at playtime and lunchtime.
As I have a very special class this year, I try to make sure I am on duty at least 3 times a week (we have a rota for 1 duty a week) and I also go outside duing lunchtime playtime as that is 45 mins long and my specials can do a lot in 45 minutes! I even take my notepad with me and pretend to write notes so that when we get back to class and I ask them how their playtime was I can 'check' my notes to see if they are telling the truth! Very sly I know, but my kids are really that special!
Oh dear, this is a long post.