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

[assdoc]

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?

Give your father a big thank you from me Heated.x

Forgot about the Diocese. There will be an education person there too.

assdoc, I can't help but I attended a catholic school and they sweep a lot under the carpet. We had an alcoholic teacher who beat a pupil in front of the class and he was still allowed to teach. It's appalling.

I am livid that the boy who assaulted your DD hasn't been expelled.

I wouldn't let it drop, it seems the head hopes you will just give up.

Best of luck to you.

Thanks FL.

This is totally crazy, I feel so sorry for your DD.

I can't imagine the parents of all the other girls in the school are happy either, I know I wouldn't be

I know that they can't actually do anything but it might be worthwhile contacting OFSTED. They take "safeguarding" children very carefully and may ensure that that report for the risk assesment gets done.

I think the department is called CIE complaints investigation something.

One school was put on warning because although they were an amazing school they didn't vet the new teaching staff. It means that there was a risk of a sex offender being amongst the children. In your case you already HAVE a sex offender amonst the children. I know it may sound alarmist but the boy commited a criminal offence.

Is the boy now on the sex offenders register?

We are going to CC our letter of complaint to OFSTED. It's a stinker believe you me!

The boy isn't on the sex offenders register. Apparently it's only the most extreme cases where a juvenile wolud be registered. Whilst extreme enough in our eyes the justice system like to give youth offenders a "second chance". Bless.

I keep mulling over the CRB checks that apply to all the adults working in the school and the fact that they, as you said have a known sex offender who is apparently of far greater value to the school than my lovely DD.

I've just been looking at the OFSTED stuff too

their guidance says

What kinds of complaints can
Ofsted respond to?
We can investigate complaints about the
work of the school as a whole, but are not in
a position to investigate any matter that
relates only to your child.
For example, we can investigate if you feel
that:
� the school is not providing a good
enough education
� the pupils are not achieving as
much as they should, or their
different needs are not being met
� the school is not well led and
managed, or is wasting money
� the pupils? personal development
and well-being are being
neglected.

IMO the school is neglecting the well-being of all girls at the school, not just your DDs

the info is available here

Thanks Betsy.

Isn't it ironic. The people we assume will look out for our children have shut DD out in the cold and a bunch of complete strangers (you lovely people) have pulled out all the stops to help us.

Thanks.x

If you're after more information from the school try a Data Protection Act Subject Access Request or a Freedom of Information Act request - google either and you'll get the government blurb on them and how to do them. There are time limits for responses. Might elicit some useful information for you on the school's stance without resorting to lawyers. These type of requests are known for being used purely to cause trouble, but the school is still, I think, required to respond.

also check out this

Particularly part 6

Basically it's saying that a pupil should be temporarily excluded if
a) a serious allegation has been made
against the pupil by another pupil or
member of staff at the school which
is the subject of a police
investigation which may result in
criminal proceedings being brought;
and
b) pending the conclusion of any such
criminal proceedings, the pupil?s
continued presence in the school
may have an adverse effect on the
complainant and other potential
witnesses, and on the promotion of
good order and discipline at the
school generally.

Obviously you are now at the "convicted of an offence" stage, surely the grounds for permanent exclusion are stronger?

Totally empathise about the Catholic school bit. Have been in a similar situation although not so serious and not a sexual offence. School head was so negative to the victim (my son) that I decided I didn't want him educated in an environment which couldn't distinguish right from wrong.

Do the other pupils and parents realise what has happened? Surely they are not happy about the continued risk.

Are you absolutely sure that the boy has a criminal conviction as opposed to a police warning? You may find that he has a police record rather than a criminal record. My understanding is that it is a criminal conviction only if it goes to court but in some circumstances the police can issue a warning (equivalent to an adult caution) if the offender admits the offence. I could be wrong about this but am just saying so in case the school use it as a way of trying to diminish the gravity of the situation.

In our case the police were wonderful but the officer assigned to our case let slip that the school had been extremely uncooperative in previous similar incidents just to try and uphold its good name. That said it all for me...

Balls. You're spot on Anita64. We were told by the officers dealing with the case that he had a conviction. We rang them to ask for clarification and were told again that he did have a criminal conviction. The Youth Offenders team officer who came to our home again dthat he had a criminal conviction.

After a bit of googling it transpires that he does not have a conviction at all!

The worst of it is that we've already written to several "interested parties" stating he has a conviction and so setting ourselves up for flaiming libel. Shit, shit, shit. As if I don't have enogh things to keep me awake at night.

www.childrenslegalcentre.com

I think that you should give them a ring in the morning and get some advice. They should be able to help.

Thank you. I rang the childrens legal centre this morning and spoke to a very helpful lady who suggested taking DD to the GP to get her absence authorised due to the unreasonable amount of stress she would endure by being in school with her attacker.

She also said to contact Socila Services re a "safeguarding issue", I've done that and am awaiting a call from a social worker.

I've made telephone contact with the corporate director of family servies (director of education)for our area and will be putting it in writing tomorrow.

Good on you Assdoc, you sound very determined. How is dd doing?

Bugger. Just typed and wiped a huge post!

DD is ok. Very bored and missing her mates but ok. School have agreed to send work home as of tomorrow so that'll occupy her a bit.

She's seriously fed up of hearing me talk about this. I've been on the phone to various people for the majority of today nad tomorrow will be the same I think.

I'll need to ring the police to get yet more clarity on the conviction thing. That's really worrying me. I'm sacred I've messed up big time.

The head rang me today after he got our letter of complaint and was very eager for us to have a meeting with him. I told him he needs to respond in writng so I have his reasons for his actions on paper to enable me to continue in my efforts to allow DD to return to school in a safe environment.

The school child protection officer had deemed the boy of no threat to DD or any other pupil apparently. Not sure how he came to that conclusion.

God I'm tired. My head is spinning with numbers and people to contact. Will let you know what tomorrow brings.

I'm not sacred but I am scared.

OP

How old is the boy? An injunction can only be made for an individual over 18 years of age

When did thh assault happen? Has anythinh happened since?Anything said to your dd?

You could approach the council and ask for them to consider an ASBO against the boy if you could evidence harrassment,alarm or distress to your child.The ASBO can exclude the boy from the school.

I am shocked that the school has accepted him back.

Don't panic. You haven't messed up. Whether the boy has a criminal record or a police record nothing changes the fact that he has admitted he is guilty of sexual assault. In terms of his future employment that will follow him for the rest of his life if he ever tries to pursue a career as a doctor, nurse, teacher, police, lawyer etc because it will always show up on a CRB disclosure even after the offence is considered "spent".

Your daughter can try to work towards putting this behind her and recovering but he will never fully be able to do that. He may not realise the implications right now but I bet his parents do. They probably feel every bit as devastated as you do because HE is the one who has messed up.

I doubt that anyone will really argue the finer point between criminal record or police record in the situations to which you refer. The school and his parents will not want to get involved in an arguement which would attract any sort of publicity. Just keep reminding them that he has admitted a sexual offence and it is on record.

I'm glad your daughter is bearing up. Take care to show her that you are coping with it all. I know my son tried to hide the extent of his problems to protect me and my distress didn't help him at all. He got to the point of wanting to move forward much more quickly than I did. In fact, I still feel angry now and this was 3 years ago although most of my anger is that the school did sweep it under the carpet and the same things could still be happening now.

It could even be the same school!!!

It happened 3 weeks ago today. On the night of the incident he left a message on DDs Bebo saying it was a joke that got out of hand. Some joke!

Since then they've had no contact other than him spreading the word that she's a liar and not to believe anything she says. As a result she's been approached by older girls in school and called a lying bitch.

Took DD to the GPs this morning and the Doctor is going to write to school oulining why DD is absent, due to the unreasonable stress she would be under if she had to be in school with her attacker.

I'm sorry that you're still angry Anita. That's one of the reasons I'm not going to let this pass. I need the right thing to be done for everyone's sakes and peace of mind. Is your DS ok now?

Chocolatepeanut do you think we could get an ASBO? Who would we need to contact? I'm still waiting for SS to get back to me. They said it could take a few days.

The youth offenders team are still hoping to arrange for us to meet with the boy's father but due to them (YOT) and the boy's Father being on holiday this week it won't be possible til at the earliest the middle of week.

It feels like being in limbo. It seems so clear cut to me as to what should happen but everyone else seems to be fighting the boy's corner.

DD has been very angry today. She's desparate to get back to school (without him there) and thinks it's so unfair that he's carrying on as if nothing happened.

I've encouraged her to write to the head and explain her feelings to him. It might help her to vent her spleen if nothing else.

The boy is 14 0r 15 by the way so it looks like an injunction is out of the question.

Hi assdoc. My son is absolutely fine thanks. He's 18 now and just finishing his first year at uni, living 100 miles away. No lasting effects or knocks to his confidence. Hope your daughter comes through it ok too.

Could you appeal to the better nature of the boy's father and ask him to remove him from the school? If it was my son I would have sold up and moved to the other end of the country in shame. I know some kids do stupid things as teenagers but a sexual or violent offence is in a different league to shoplifting or getting drunk. Surely the parents must feel some sort of guilt and/or obligation to try to make amends on the boy's behalf.

One positive aspect of this is that it has been dealt with quickly, ie. within 3 weeks. If it had gone to court and he had pleaded not guilty it could have dragged on for months with your daughter giving evidence. He could have been found not guilty and then would have no record at all. I think that is why the police sometimes issue a warning as opposed to pursuing a criminal conviction.

Good luck and don't give up!

I have read this with my eyes absolutely popping out of my head with shock and disbelief. I only wish that I was a barrister on maternity leave so I could offer some serious and useful help. But I'm not.

The only thing I can suggest is that you also write to your MP and local councillor. In particular, an MP's letter can make council departments look into things they would otherwise ignore, and move with quite unaccustomed speed while they do it. I think your log of how the issue has been ignored by everyone from the head to the school's social worker would be quite impressive for them to read.

And don't be afraid of threatening to go to the papers, not over the incident, but over the way it has been covered up. It would be hard to do without identifying your dd, but not impiossible. If they are afraid of publicity, that may be your best move.

The other thing you could do is wander over to the TES board - the teachers there may have experience which would be useful, and may also be able to link you to other helpful institutions.

If the school refuse to exclude him and theres nothing you can do to change this (I am struggling to believe thats the case, the school has acted disgracfully)then you can out your case to the local council. I imagine life is v v diificult for your dd at present.She should not have to put up with any imtimdiation. It may be that the boy has other convictions. Either way for the court to grant an asbo you would have to show the effect the boy has on your dd.So following the incident does he speak to your dd? Even looking at her, a sneer perhaps would be intimidating and as the law states "behaviour that is likely to cause harrasment alarm or distress'
He could pose a risk to other pupils? Maybe the other girls are fearful of him.They could provide a statement. Its worth talking through with them.Despite press coverage, an ASBO can be a v powerful tool and exclude someone from thier school or even thier own home if the evidence supports this.Thankfully the law can support your family where the school has sadly not.