11 year old daughter fought at school, police now involved

[Marcbearpig]

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

Try not to worry too much, generally speaking the police really dont want to be 'investigating' kids fighting. Theres no certainty of the outcome but generally speaking it will be NFA

You do need to think about whether you report an assault though.

What does the camera footage show your daughter doing in self defense?
Does she shout stop and hit him once, or does she kick the crap out of him?
I'm only saying because from the other parents perspective their child could be saying "I had a stick in my hand and swung it near her but just as a joke, then she lost it and really hurt me" etc.
If the video backs up that version, the parents may see that as what actually happened?
Does the school have written evidence of eye witnesses backing up your child's account of why she had to defend herself?

How do you get a duty solicitor appointed? I've never been in trouble myself so I have no idea

Does the other child have injuries. The Police course of action suggests they do. If your daughter has injuries then you need to get them medically recorded and photographed too. You are invited for an interview but if you refuse they could arrest your daughter. Make sure you have a criminal solicitor with her for the interview. She will also need an appropriate adult, usually a parent. See if you can get hold of any footage of the fight, or the lead up to it. The Police should be looking to seize any evidence that supports or negates the assault allegation.

I don't know but I again will be checking

Wow the parents shared the video.. thats is so embarrassing for them.. their son must be dying of shame

You can either use a duty solicitor which is provided by cops from a list or arrange one of your own. Personally I would sort my own rather than reply on a duty solicitor (ret. cop).

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

They're are witnesses so whatever she says can be backed up by anyone who was there

The boy assaulted her with what is essentially a weapon which has consequences in itself and is ABH or GBH depending on her injuries

How did she retaliate

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

Oooh this is illegal because your DD did not give consent because she's in the video

Make sure you record now before they take it down that they've splattered it all over social media

These people are digging themselves a bigger hole for their little shit if a son

Her was self defence

He had a weapon

A fucking weapon which he attacked her with

Go to all the social media sites now open them up and tags photos now and play the video on their social media sites and record it in your phone showing that it from their site

Im a security worker so I'm officially a man of violence but I've always taught my children to walk away and only react if they have no choice. She's reacted and now it seems the system is ganging up on her

@Marcbearpig I don't think this is the place to ask for advice but you will get lots of support here - some posters have posted incorrect info already. Yes speak to a solicitor before the interview 100%. If she is entitled to duty it could well be remote on the phone. If you can't get legal aid for her it will cost you, but I would not attend without one. A voluntary interview is still an interview. I have been an appropriate adult for number of young children being interviewed and if it were my child, I'd het advice from a solicitor.

The reality is, that is an assault. If the attack on her is over, she is not defending herself.

If the police see footage of an actual fight, they're not interested, I can tell you, because the amount of times we try to report assaults on children who we feel were attacking, not equally fighting, and the police are not interested. We request strategy discussions where we feel the child has been attacked, the police will consider our request and if its kids genuinely scrapping, they decline the request

However in this case you have footage of your child assaulting him, what came before isnt really relevant.

But surely the original attack is also an assault ( they are effectively 2 separate assaults at worse, assault plus self defence at best) so if the OP has witnesses then he should file a separate complaint to the police saying that the boy assaulted his daughter ?

Ive already said as much

How can what came before not be relevant?! Action/consequence. And obviously a recording has only started half way through... If the system has any sense (IF), she won't face any consequences.
I shall be watching the thread and hoping for the best for her.

Don't worry it'll be ok

He attacked her in front of witnesses with a weapon

She fought back in self defence

Parents have illegally stuck one sided video all over social media

Parents are utter cunts

Make sure you now make a complaint to the police about what he did and for your DD to make her own statement about that before the pre planned police visit

If you don't make your own report to the police then you will be letting him get away with it because currently the only complaint is against your DD who is having to defend herself

Make that complaint right now to the police about the boy attacking your DD

Sorry- missed that!

Because he was beaten up by a girl? No shame there.
Because he was smacking someone with a stick just prior? I hope he is dying of shame.

Call the police right now so there is an official complaint on record about this boy so your DD can make a statement about that from her side

Im talking about the reporting of it as an assault/offence. The police have to investigate. How would you like it if your child came home, perhaps with bruises/marks and said they were punched and kicked and you reported it to the police and the police said 'well I suspect your child was the original aggressor and so this is self defence'

Whats happened is the victim has reported it as a crime, the officers have spoken to them and taken a statement, there may or may not be disclsoure within that statement about his own behaviour and now they need to talk to the alleged perpetrator.

It is standard process.

I really hate that when I've had a run in with a neighbour, I have to get in there and report it ... Just in case they report me. Im effectively having to 'play' the system to protect myself.
So yes OP, report the other half of the incident. It's belated, but get it on record. You can do it on 101 web chat right now if your county has it.
Add that you thought it was resolved but as it is apparently not, you want to get it on record.

Your DD fighting back was under self defence and duress

Due to being attacked with a weapon causing no doubt ABH if there was broken skin thats GBH