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How difficult/easy is it to get an injunction/restraining order after sexual assault?

(141 Posts)
assdoc Sun 18-May-08 15:23:25

DD1 (13) was sexually assaulted by an older boy from school whilst travelling home from school. The boy was arrested, admitted to the offence, he was convicted and reprimanded by the police. I was confident that school would expell him and DD would be able to return to school and try to put it behind her and move on with her life.

I was stunned when last week the head master phoned to say he'd decided the boy could return to school and did so last Friday.

I'm doing everything I can think of to make the school/governors etc see sense and in the mean time DD is staying at home.

Would it be realistic to try to get an injunction with powers of arrest that would make it impossible for the boy to be in school with DD and if so how do I go about it?

DD is genuinely terrified of the boy and I feel like the school have totally turned their back on us in favour of DDs attacker who just happens to be the son of a GP and in the Gifted and Talented set.

Any suggestions?

Leslaki Sun 18-May-08 15:26:33

Soory, can't give advice but just wanted to say how shocked and sorry I am about this. It's ridiculous that they are putting this boy before your ddd's needs. Hope someoen will be along soon to give you legal advice.
Hugs to you and your dd - what a hideous experience to go through. take care

assdoc Sun 18-May-08 15:41:21

Thanks for that Leslaki.

It's knocked us all for six. Poor DD feels like she's being punished by being kept off school and away from her friends but there's no way she can return as things stand.

nkf Sun 18-May-08 15:49:59

What a horrible situation. It's probably a tricky one for the school because the attack happened out of school. How about speaking to a lawyer? Or to someone in the local education authority? Good luck.

assdoc Sun 18-May-08 15:52:46

I've spoken to the Education Authority who said that schools duty of care covers the childs journey to and from school.

Also DD had taken a different bus home than usual (the assault started on the bus) as she's been asked by the school receptionist to escort a younger pupil into town.

assdoc Sun 18-May-08 15:54:06

Oh and the head told me shortly after hte attack that he'd looked into his legal obligations and expulsion was an option open to him if he chose it. Unfortunately for DD he didn't.sad

Heated Sun 18-May-08 15:54:39

What do you mean he was 'convicted'?

I can't imagine any girl or teacher is happy about having a convicted sex offender in school.

Will try to search out some stuff for you.

assdoc Sun 18-May-08 15:58:36

He has a criminal conviction for a sexul assault. The repremand is the juvenile equivalent of a caution and as such will remain on his record for two years.

The police collected DDs clothing to provide DNA evidence and were collecting witness statements and CCTV footage, should there be a court case but as the boy was interviewed (with his solicitor present) and admitted to the charges no court case was necessary.

nkf Sun 18-May-08 16:03:24

Really shocked that the boy could have been permanently excluded and wasn't. I hope you get some good advice.

Heated Sun 18-May-08 16:11:56

This is madness and I'm very sorry for you dd. Will phone someone who might have advice.

assdoc Sun 18-May-08 16:26:20

Very much appreciated, thank you.

To make matters worse we've had no support from school at all.

At our request the youth offender liason team came here to explain from their point of view why it might be appropriate for him to return to school. They said it was importain for thingsd to return to normal asap for the sake of the boys' education! WTF.

The police should have put us in contact with victim support but they didn't bother. We tracked them down ourselves and got a meeting.

The head had relayed a message to us via a PTA member/Governor that he has made his decision and will not be changing his mind.

We feel that the whole system has shut down on us. I rang the Chair of the board of Governors on Friday and left a message with her husband for her to call me back. She didn't. I then dropped a letter through her door, still nothing.

I'm preparing a letter of complaint to hand to the head, Governor and Chaplain and also the LEA tomorrow. If I don't get a satisfactory response after that what do I do?

There was a similar event in school 6 months ago. I know very few details other than the girl eventually moves schools and the boy is still there.

Would you be surprised to hear it's a Catholic school? Sweeping abuse under carpets and all that.

nkf Sun 18-May-08 16:28:45

The same boy?

If there is so much documented I would have thought that you could make a very big fuss indeed. And surely the head should be writing to you directly and explaining what he's doing to secure your daughter's safety.

assdoc Sun 18-May-08 16:32:51

Sorry for not making it clear. No a different boy. The assauly happened in the school though.

We have requested a copy of the risk assesment carried out by school in order to protect DD and other females from the boy. As yet we've not recieved one. Perhaps they haven't done one but we were told by a friend of a friend (a head master) that it's a legal requirement.

assdoc Sun 18-May-08 16:33:27

God my typing is crap. I'm too mad to think before I type. Sorry.

CombustibleLemon Sun 18-May-08 16:34:01

Hmm. Have you talked to a solicitor? Your DD was on this bus because the school instructed her to be. You may have a claim against the school- not that you'd want to pursue it, but enough for leverage maybe?

assdoc Sun 18-May-08 16:36:26

I think that will be the next step CL. I want to make them realise that they may have closed this matter in their own minds but it is far from over as far as we're concerned.

CarGirl Sun 18-May-08 16:37:41

Their attitude stinks tbh, I could understand him being transferred to another Catholic school, clean sheet etc etc etc but not your dd having to face up to him everyday at her school.

nkf Sun 18-May-08 16:39:50

You can't transfer a child. You can exclude one and then another school has to take him/her if there are vacancies. I think a school can refuse to take a child who has been excluded from more than one school.

I'm sure there is someone who can help Assdoc. It's just not on for the head to hide behind other people.

CombustibleLemon Sun 18-May-08 16:40:09

Would this help?

assdoc Sun 18-May-08 16:40:37

We made it clear from the beginning that we expected him to leave the school. Either quietly (a managed transfer?) or if the family resisted that we'd push (by whatever means necessary) for him to be expelled.

Heated Sun 18-May-08 16:42:24

Spoke with my father who chairs panels for excluded pupils and he was appalled that he had not been permanently excluded. Sexual assault is almost always automatic grounds for exclusion. The LEA would then be responsible for finding the offender a place of education but it would not be the school's concern.

The school have a duty of care to your dd and to other pupils, as this offender is a 'known risk'.

Additionally, has the school had set up counselling and support for your dd? They have obligations there too.

His advice was to write a very strongly worded letter to the head, cc the chair of governors. Then to contact the Director of the LEA. You can also ask the LEA to recommend a barrister if you need legal advice.

CarGirl Sun 18-May-08 16:42:40

I would think that Catholic school could pretty much do what they went seeing as though they set their own admissions criteria anyway (I could be completely wrong here though I agree)

Heated Sun 18-May-08 16:44:51

That should be Director of Education at the LEA.

Heated Sun 18-May-08 16:47:06

Then the head of the Diocese and Ofsted?

My father will try and get back with more specifics but most of his contacts are London based.

Heated Sun 18-May-08 16:48:28

Good link CombustibleLemon

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