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Bullying

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11 year old daughter fought at school, police now involved

257 replies

Marcbearpig · 22/02/2024 20:26

Hello,

My daughter was involved in a fight at school wherein she was defending herself from a boy that was hitting her with a stick. She has retaliated and one of her peers has videoed it but obviously doesn't show her being hit with the stick.

We had a meeting with the parents and all involved were very cooperative and my daughter was aware that her actions had consequences and she was suspended from school. She returned and all was well in the world until we received a phone call from the police!!!

They want her to attend an interview, the officer has assured us it won't take long maybe 10 mins but has also stated that we have the right to have a solicitor present.

Is this normal? She's scared out of her mind over this and obviously the need for a solicitor has worried us as parents

OP posts:
Calderadust · 23/02/2024 14:19

The police have an obligation to inform you that a solicitor may be present if you wish so don't worry about that being an indication of the seriousness of the situation. I wouldn't waste your money on paying for an independent solicitor unless you have a spare £1k, as you will most likely end up with the same outcome, your DD receiving a warning.

The interviews are voluntary meaning your DD is not going to be placed under arrest or held there and she will be able to leave at any time she chooses. However, it is important you both attend so her side of the story can be told and you need to look cooperative if you have 'nothing to hide' so to speak. Obstructive behaviour is often guilty behaviour.

The fact you believed this was settled at school a while back is proof of the incompetency and backlog to which the police are working to. I imagine the boy's parents phoned about the incident at the time and it has taken them this long to investigate. This will be a dotting i's and crossing t's exercise more than anything. I'd let it be known in the interview that you are enormously surprised by the police involvement as you were under the impression this had been dealt with at school.

Have they informed you of the alleged allegation prior to the interview? Have you been told how the other party would like to settle the matter? This is important to know too.

DistingusedSocialCommentator · 23/02/2024 14:22

Dear OP

Do not worry. Regardless of the stories that do the rounds in the media, not all police is stupid. An experienced officer will interview a few people and get a very good idea of what happened and who is to blame

So do not worry as your DD was only defending herself and with reasonable grounds - ie trying to stop being attacked/injured etc

DistingusedSocialCommentator · 23/02/2024 14:24

BTW - 100% have a solicitor present to save any misunderstandings whatsoever and a piece of mind

thebear1 · 23/02/2024 14:42

DreamTheMoors · 23/02/2024 02:29

@thebear1
My younger sister was relentlessly bullied online and in person.
The people who harassed her sounded very much like you in your post.
One day, she walked home from school at lunch and hanged herself.
There is no “excuse” for making accusations against people you don’t know, will never meet and who have no effect on your life whatsoever.
We could all stand to be just a little bit more kind.

I'm sorry for you loss, but I've never bullied anyone. To compare me to your sisters attackers because I suggested on a public forum that a child who is on video attacking another , could be a bully seems strange and pretty offensive.

terfinthewild · 23/02/2024 17:05

Marcbearpig · 22/02/2024 21:04

I think its really petty. I know every parent would say it but my daughter is generally not the aggressive type. She's just taken a bit to much that day and snapped on the lad. She does lay into him but again she's 11, she's not exactly breaking bones at that age

Good for her, it's important for girls not to take any shit. Go to the meeting. Nothing will happen. Be sure to tell her that she did the right thing. Never let anyone take the p. If you get the opportunity to file a counter charge (or whatever they call it) then go for it. The boy is probably crying to his parents because he got his A whooped by a little girl.

YesThatsATurdOnTheRug · 23/02/2024 17:09

Make sure she describes exactly what he did to her. Are there any witnesses who would vouch for her version of events? If they're going to try and get her in trouble then she should definitely drop the boy right in it too.

mathanxiety · 23/02/2024 17:11

ElizabethCage · 23/02/2024 14:10

Was it though? Where’s the evidence?
The police will wonder why the attack on her wasn’t recorded, does the recording show the boy with a stick or just her attacking him? If the recording is the boy without a st ok and her kicking and punching then it’s not classed as self defence, it’s her assaulting him.

The girl could have been set up - the child recording might have been a friend of the boy's. The parents of the boy seem to have managed to get the recording quite easily so it's possible the person recording was a friend. This would be quite a serious case of bullying - to provoke the girl into retaliation or self-defense and then film only what they wanted to use to defame her online.

It's important for the girl's parents to find other witnesses and also to document any marks on her that were or could have been caused by the stick.

mathanxiety · 23/02/2024 17:27

GlassCaseOfEmotions · 23/02/2024 08:59

OP I've read the full thread. From what you've said, this isn't self defence on your daughters part.

Working in security, you should know the meaning of self defence. It has to be reasonable force used when there is an immediate threat of/ reasonable belief of harm and the person defending themselves has to attempt to retreat following an initial strike. Force can then be increased if the risk of harm remains/ is heightened. It isn't self defence if the initial perpetrator is moving away/ risk of harm has been eliminated.

If the footage doesn't show the boy with the stick in hand/ dropping it when your daughter reacts (which it would if your daughter was acting in self defence) or she continues to strike without attempting to retreat, then she has committed an assault.

If the boy was, for example, tickling her ear/ hair with the stick and she's then turned round and punched and kicked him, the force she used wasn't reasonable in those circumstances.

If he was hitting her with the stick in an aggressive manner, a punch OR kick would be reasonable in those circumstances. But both wouldn't be necessary to eliminate the threat and either would give her time to retreat.

The footage shared online by the boy or parents, prior to any police investigation, could be argued as hindering the investigation. Your solicitor can advise on this more.

Please do not collate any evidence yourself in the form of witness statements, this can go against your daughter. Provide the police with names of witnesses and let them take statements.

As others have said, a voluntary interview is an interview under caution. The only voluntary part is you get some say in a date and time of attendance. These are normally used when there is evidence of a crime occurring, but not enough evidence to warrant police attending a location to arrest (crime that isn't in the public interest/ no immediate risk of harm). Your daughter can be arrested upon attendance, or if she tries to refuse the interview/ leave the interview without following the correct process.

I work in the criminal justice sector, for reference.

Good luck for Sunday.

A lot hinges on whether the girl was in a position to walk away.

Was she in a corner? Backed up against a tree or a pillar or a wall? Were other children blocking her way?

Had the boy chased her to the place where she was hit with the stick?
Did she have reasonable cause to believe he would resume chasing her if she tried to get away? Does she know him to be a fast runner capable of running her to ground if she were to simply try to get away?
If he chased her, was he swinging the stick at her as he chased her?

If the footage shows the boy with the stick in hand, still trying to land blows while she kicked and punched him, that's an open and shut case.
If the footage shows a stick on the ground close to the pair, again, I'd find that convincing.

I'd like to know who did the filming and how the parents ended up having the video in their possession.

Filing a complaint against the boy and identifying witnesses to the full incident are important next steps. (Not talking to the witnesses, just identifying kids who might have seen the whole incident).

The CCTV should be examined. School should have been informed and asked not to delete footage from the day of the incident.

DreamTheMoors · 23/02/2024 18:48

thebear1 · 23/02/2024 14:42

I'm sorry for you loss, but I've never bullied anyone. To compare me to your sisters attackers because I suggested on a public forum that a child who is on video attacking another , could be a bully seems strange and pretty offensive.

I’d suggest you reread your words to OP if you aren’t clear why I find you similar to the people who harassed my little sister. They used the same language as yours.
As I said in my first message to you, @thebear1, we could all stand to be just a little more kind.
You have a lovely weekend.

Sureaseggs44 · 23/02/2024 19:41

Marcbearpig · 22/02/2024 21:06

She punched and kicked him but again to reiterate there's a difference between an 11 year old version of fighting and that of someone older. I think the only thing that would have been hurt is the boys pride

If there were witnesses to him attacking her with a stick then why don’t you report him too the police . I would .

PriOn1 · 23/02/2024 19:53

Glad you’ve found a solicitor, OP.

If it was as your daughter has described, then it’s obvious why this boy is a bully. His parents are bullies as well.

It’s unfortunate that she has been punished for it and is now going through this further punishment. I hope you get good guidance and can find a way through.

Hopefully the shame of being beaten up by your daughter will make him think twice before hitting girls with a weapon again.

FacingDivorceButSad · 23/02/2024 20:01

The police have to investigate as she is over age of criminal culpability but I doubt very much anything will come of it. I've seen you have a solicitor attending which is good as they can advise you. Police saying she can have one isn't an indication they will press charges it's just a right she has when interviewed by police.

OnGoldenPond · 23/02/2024 20:14

You can arrange your own solicitor to accompany you to the station and it will be covered by legal aid in the same way a duty solicitor would be. Ring the solicitors office and they will talk you through it. It is important not to set foot in the police station without that solicitor by your side.

OnGoldenPond · 23/02/2024 20:19

Everyone is entitled to legal aid for a solicitor to represent them when being interviewed under caution even as a voluntary attender. It is not means tested.

OnGoldenPond · 23/02/2024 20:58

Notgoodatpoetrybutgreatatlit · 23/02/2024 06:56

Hi OP, please do not attend a this meeting/ interview with the police without a lawyer. A Professor of Law told us that at University and I can't see much has changed.
And there is a huge chunk missing here. The school investigated this, they spoke to witnesses and they decided to exclude your daughter. Their investigation found her guilty. Also I am troubled that they offered a choice of permanent or temporary exclusion. That doesn't make sense. It sounds like they said accept the 3 days or we will permanently exclude. Please speak to someone at school again like the Head of Year to make sure you have the detail. The school must tell you what they excluded her for. Ask if they did an investigation?
Lastly, it's very hard for young people when parents say defend yourself. Life isn't clean and tidy like that, and 11 year olds have a huge amount of trouble doing risk assessments which is why they are so bad at crossing roads! I know you were trying to help but telling your child to disregard school policy is only ever going to cause your child trouble.
Best of luck with this, for what it is worth I think you sound like a very supportive parent.

Fully agree here. Don't even cross the threshold of the police station without your solicitor accompanying. Don't walk in hoping they have one waiting for you, they won't. You need your own independent witness to everything that happens in there and that can only be your solicitor.

OnGoldenPond · 23/02/2024 21:02

Marcbearpig · 23/02/2024 08:30

It's the nature of my job and the industry I work in...doesn't mean I can't teach my children right from wrong.

I taught her the violence isn't necessary unless she feels like she has no other option.

Ultimately we have secured a solicitor to accompany her on Sunday

Glad to hear you have arranged your own solicitor to accompany her. Very wise.

OnGoldenPond · 23/02/2024 21:07

NoOrdinaryMorning · 23/02/2024 10:53

Just ignore it. They can’t force her to go if it's voluntary. My child would not be attending

Yes they can. If she refuses to attend they will arrest her. Guaranteed.

OnGoldenPond · 23/02/2024 21:08

mydamnfootstuckinthedoor · 23/02/2024 10:54

Report the original offence. I wouldn't bother taking a solicitor, that will only cost you money. Police aren't stupid - they have to respond if there's been a complaint, doesn't mean they will actually bring charges, especially after you counter with your own complaint. They will see it as a tit for tat and will just tell the kids off.

Terrible advice

CJsGoldfish · 23/02/2024 21:15

So do not worry as your DD was only defending herself and with reasonable grounds - ie trying to stop being attacked/injured etc

You don't know this. No one does. There has been nothing about injury to the dd, witnesses, why the video only captures the dd etc.
Maybe she was defending herself but it really doesn't sound like self defence. Just as possible it's a dad with blinkers on 🤷‍♀️

The boy is probably crying to his parents because he got his A whooped by a little girl
Hopefully the shame of being beaten up by your daughter will make him think twice before hitting girls with a weapon again

Have you not SEEN some of the girls today. Vicious. I'd cross the road tbh. Look at the news, they can be just as violent and threatening as boys. And, guess what, they were all 11 once as well 🤷‍♀️

Clearly we don't know this OPs dd and we certainly don't know all the facts but automatically believing a 'little girl' can't be physical without provocation doesn't help.

Obviously, the OP should have a solicitor present which he does. Thankfully, there was some decent advice in amongst the speculation

skygradient · 24/02/2024 00:36

It's hard to tell because your language is vague, but reversing the roles is useful.

Whatever the boy was doing with the stick – whether it was attacking her with a big fat rod, or just poking her with a little twig... If your daughter was doing that with the stick to another male/female classmate, who then started "punching and kicking" and "laying into" your daughter, would you let it go?

If yes, then OK fair enough; if no, then you know your daughter has done wrong and must be taught to control her temper

heatherwithapee · 24/02/2024 02:59

My child got attacked by another child in school (they were quite badly hurt with severe bruising on several places on their body). We asked the police to get involved. They visited attacking child at home and basically said don't do it again and that was that.

Everythinggreen · 26/02/2024 10:29

mathanxiety · 23/02/2024 17:11

The girl could have been set up - the child recording might have been a friend of the boy's. The parents of the boy seem to have managed to get the recording quite easily so it's possible the person recording was a friend. This would be quite a serious case of bullying - to provoke the girl into retaliation or self-defense and then film only what they wanted to use to defame her online.

It's important for the girl's parents to find other witnesses and also to document any marks on her that were or could have been caused by the stick.

Exactly. People on here acting like they're naive to the way people record mobile phone vids nowadays! It's all over the Internet, its very popular to do on Tik tok, push and push and when they retaliate, record them as if they're the bad guy. They either they didn't have their phone out when the provocation started or they pulled it out purposely after the provocation as mentioned.

OlderGlaswegianLivingInDevon · 01/03/2024 19:56

@Marcbearpig

The appointment was last Sunday, and we've now had a full school week - is there an update ?

Datafan55 · 01/03/2024 21:15

OlderGlaswegianLivingInDevon · 01/03/2024 19:56

@Marcbearpig

The appointment was last Sunday, and we've now had a full school week - is there an update ?

I was wondering the same.

LBFseBrom · 01/03/2024 22:26

I too would like to know what happened.