Police/CPS deciding to caution violent offender - any recourse for victim?

[batt3nb3rg]

Hello, I will apologise in advance for any mistakes made in my post - I have not made a post on Mumsnet before, only commented.

In the last few months, my family has been dealing with the aftermath of a violent assault committed against my eighteen-year-old, severely autistic and nonverbal cousin. He currently attends a special needs school, and it was part of the plan made for his behaviour management that he was to eat separately from the other students as he can sometimes grab or swipe at other people’s food. We thought this arrangement was being stuck to and was working well, but a few months ago we were contacted by the school and told that my cousin had been taken into the main dining room for lunch, where he had grabbed at another student’s food. A member of support staff had then got up and struck him across the face. My cousin was frightened, and ran to cower against a wall, but he was followed by the member of staff, who grabbed him by his clothes, dragged him upright, and then repeatedly banged his head against the wall until he vomited. This was reported by another member of staff and corroborated by CCTV.

Police obviously became involved at this point, and have kept us informed through the process of accessing medical records and sending the case to the CPS. However, weeks after being told the case was being sent to the CPS, we have been told that the offender is going to be cautioned and not prosecuted. We have been told that this caution will not show up on a DBS check, or prevent him from working with children or vulnerable adults in the future.

I would love to hear from anyone with personal experience in this area, or who works in the legal field, who can tell me if there is any recourse for us as the family of the victim to challenge this decision? We are sick with worry thinking that someone depraved enough to launch a sustained attack against someone who very clearly has the mental capacity of a toddler, will potentially continue to have a career working with people who cannot speak up on their own behalf.

Thank you for taking the time to read my post.

first of all if i have read this correctly you can appeal against the decision by the CPS not to prosecute, and they have to provide an explanation for that decision.

it is incorrect that this caution would not appear on a DBS check if the job applied for involved working in the care sector. Or with vulnerable people of any age

You need to find out whether it was definitely the CPS who made the decision, rather than the police, so you complain to the right organisation. CPS have a victim right to review you can apply for, as do the police.

I’m so sorry, I don’t have any legal knowledge of this area but I can completely see why you want to pursue this. Someone like Coram Children’s Legal Centre might pick this up; as your nephew is still under 25 and has SEND???

your Family needs really good, robust legal help :(

You could also try the charity, Contact. They are really good.

Assuming it was a CPS decision, I don't think you can apply for a VRR in relation to a caution

See point 19 (ix) here
https://www.cps.gov.uk/legal-guidance/victims-right-review-scheme

In the first instance I would try to speak to the police officer in the case, to see if they can explain what has happened, and if that isn't fruitful call 101 and ask to make a complaint. It might not change anything but hopefully you will get more of an explanation of what has happened, and a direction of where to go next.

The previous poster is correct that you cannot apply to have this decision reviewed.

However, whoever told you the caution would not have any long-term effect on the teacher is wrong. It will appear on both standard and enhanced DBS checks. Depending on the offence for which the teacher is cautioned, it will either be there for 6 years or for life. The DBS will also decide whether to issue a prohibition order, which will bar this teacher from working with children.