To think this was a crime (school related)

[youarenotkiddingme]

A few months ago a student pulled a knife out of their pocket in class and aimed it towards DS.

I was phoned, told DS was fine, student removed etc and it was written on parent page as I was informed there had been an altercation between DS and another student, student pulled a knife. Ds was neither threatened not hurt.

School said police involved and DS made a statement. Police had no record of incident and so opened a case stating it as "common assault".

Police went into school, spoke to DHT and sent an email saying stories were 'similar' and school dealt with it correctly.

I decided no charges to be bought.

Ds hasn't been able to attend as HT woukdnt meet with me and DS too anxious. They woukdnt authorise absense despite him seeing GP about anxiety relating to this event (DS is already a under Camhs).

He is on a MM.

Complaint in about it as school failed to respond to previous concerns with this lad and support DS after. They are saying no crime as police agreed school dealt with it properly and the only reports are DS statement and one from teacher who fully admits he didn't see what happened until he was informed student had a knife.

Their defense is no crime so not safeguarding issue.

But this is a crime? He was carrying a weapon and he pulled the weapon?

Can I also retropesctively press charges and so a proper investigation is carried out and witness statements sought?

I decided no charges were to be brought. I'm pretty sure that's not your decision so I'm a bit confused as to why you think it was.

For the police (and the cps) this is a bit messy as the alleged victim is a disabled child and, this is key, no one was hurt. In order for the cps to prosecute the case has to have enough evidence for there to be a reasonable chance that a conviction would be secured and it also has to be in the public interest to do so. Here, the cps looked at their key witness, the OP's son, and realised that they had potential competence issues and also issues around whether compelling him to testify would cause harm in of itself and also their alleged perpetrator, another child, who hadn't actually hurt anyone physically but had technically committed a crime and realised that both their evidentiary credibility-so chance of securing a conviction- and their public interest value were a little "wobbly" with this case, so to speak. I suspect that this was framed to be OP in such a way that the cps didn't want to press charges but if the OP really really wanted to they would review the case-hence the confusion.

Great explanation unweaved
Police just said they were happy with the way school dealt with it. I have no issue with them not pursuing it.

I do have issue if after the affect its had on DS is ignored because no charges were bought. IMO he's a victim due to the events. That's what I'm trying to establish iyswim?

The police weren't worried about his competence as such - he has HFA and they were impressed with him.

(Not actual description) but it went like,

Knife boy turned around 180° to the left and used his left hand to take the knife from his pocket. He held the knife about 2cm from the end and stepped forwards on his right leg moving his arm forward. Etc etc!

He was then asked to demonstrate and immediately without thinking acted out his statement accurately.

You could still push for case review. It's "possession of an offensive weapon" with increased seriousness as the weapon was used to "threaten or cause fear" in "dangerous circumstances" (ie. there was a real possibility that it could have been used). That is usually a custodial sentence of a minimum of 4 months for youth offenders. You could even push for hate crime...
Do you think your DS could cope with a trial in which he would almost certainly be compelled to testify as key witness?

There is no way he could deal with a trial. Sorry should have said above that's why I was happy with not pushing through criminal courts.
He could easily repeat the version of events but he's completely meltdown if someone else told a different version or deviated from his.

I didn't want to out too much identifying info but that's what's caused all this with regards DS feeling safe in the first place.

Once it was clear DS was anxious and not wanting to return one of the SLT changes story whilst on phone to me. He'd called me at home so obviously DS heard conversation. He completely freaked. He cannot cope with anything other than the black and white - truth/lie.
And I mean seriously changed story - think location, timing, knife never being pulled. My collegue heard this too as she was there to have a lift to work.

This is the biggest part of my complaint. Which they won't uphold because they say no criminal assault took place so they can't have tried to cover it up by changing story.

The outcome of all this is what forced DS to what's being described as "exclude himself" from the school forcing the trial at the current one and all the further lifestyle changes its bought.

There is a BIG part of me that thinks 'do an elsa' (hence why I asked if above if it gets could seriously let it go) and another BIG part of me that thinks I owe it to DS and also other victims of bullying/crime in schools to fight because I believe if accountability is held it will make people think twice about doing it in future.

I agree that you should report the safeguarding issue both to the council and Ofsted. Also ask the school to state specifically what steps they are taking to safeguard pupils from physical attacks and being threatened with physical attack.

I didn't think Ofsted dealt with individual cases but it's certainly an avenue I'll explore.

I'm going to wait until I speak to police. If it turns out the 'similar version of events' differs somewhat and refutes knife being pulled I'll provide the police with the original written account from school that contradicts this and ask for "case review" as suggested above.
Then I'll have a clear outcome of what is considered to have happened and can report more accurately.

Its a standard response on here - report to ofsted. People don't grasp ofsteds remit does not cover complaints about schools.

that's seriously shit. I'm so sorry.

You might want to also have look at the Home Office Counting Rules General Guidance Annex B which is the agreed national protocol for recording ( which is not the same as reporting , sounds pedantic but there is a difference ) offences which occur within schools . It comes with a flowchart which you might find useful. They should record it , even if you don't pursue the matter .

t4 thanks I didn't think they did

Thanks for useful info re recording. Something I'll look into.

I'm just waiting for police and schools response - but I will pursue it if needs be.

A friend of mine suggested last night that if the school haven't given accurate information to police that could be an offence - if they've done it in order to protect school rather than in best interests of parties involved.

I don't want to keep going to all different agencies etc and be fire fighting from all angles. But I have made a decision to take this further if I'm not happy with outcome and ask for case review if I don't believe police got given the correct or full story