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Original poster

Primary School Child Referred to Police

36 replies

Karatema · 27/01/2020 15:20

My 7 yr old DS has been referred to the Police for waving an implement at an adult in school. The adult had told my DS a lie last week, after the incident (he would be put in prison) and after I reassured him he couldn't go to prison (he was having nightmares) he promptly went into school and told the adult. Now the adult is insisting the police are called! The adult obviously does not like my DS (no adult would call the police on a 7yr old they liked) and he has been excluded. My DS has special needs. I am at my wits end as solicitors have told me they don't want to waste my money but I need help as to our legal rights.

Any help or advise would be appreciated.

OP posts:
ballsdeep · 27/01/2020 15:23

What instrument was he waving? That's pretty serious op.

BrieAndChilli · 27/01/2020 15:25

i didnt think children under 10 years had criminal responsibilty? surely its social services who would get involved?

gamerchick · 27/01/2020 15:26

It sounds like you're minimising OP. What you're saying doesn't make sense with either the police referral or you seeking legal advice.

If your child is misbehaving and threatening staff with an 'implement' then what did you do to support the school?

I understand SN. My kid is autistic and has been very challenging in the past but it means I'm right on top of his behaviour more than I would with a NT kid. I wouldn't excuse it.

PineappleDanish · 27/01/2020 15:27

Undeniably very serious. But you say "the adult is insisting the police are called" - this is not the same as "referred to police". Adults can insist on all sorts of things. Doesn't mean it will happen.

Police aren't going to be interested in a 7 year old.

gamerchick · 27/01/2020 15:27

Course I'm just going on what you've said in your post which I doubt is everything that's happened so may be off the mark.

PineappleDanish · 27/01/2020 15:28

I would also report on "legal stuff" but make sure you are crystal clear in the OP that you're talking about Scots Law as tehy will assume English.

FlashingFedora · 27/01/2020 15:29

The age of criminal responsibility in Scotland is 8 so he's not far off. When you say waving OP do you mean threatening? Either way it must have been been pretty serious for exclusion.

FlashingFedora · 27/01/2020 15:30

Actually I think it has been raised to 12 now, I knew it was going to be just didn't realise it had already gone through.

JuanSheetIsPlenty · 27/01/2020 15:30

I’m assuming he waved scissors or something similar and there was either a spoken or implied threat made by the child when he did it?

JuanSheetIsPlenty · 27/01/2020 15:32

Also- why was he not excluded when the incident happened and only excluded now when he told the teacher they were wrong about him going to prison? Did the teacher not report the incident to their head when it happened?

JuanSheetIsPlenty · 27/01/2020 15:33

Sorry- not teacher. You say adult.

peachgreen · 27/01/2020 15:33

The adult obviously does not like my DS (no adult would call the police on a 7yr old they liked)

I mean, I might if they were threatening me with a knife. But not if they were waving a pencil about. Sort of depends what actually happened.

KatyCarrCan · 27/01/2020 15:43

I think you need to take a deep breath and post again because your initial post doesn't make sense. It implies there was an incident, your DS was given into trouble and threatened with going to prison. You told DS he couldn't go to prison. He told the teacher. The teacher called the police and the school excluded your DS.
As with a PP, I thought the age of criminal responsibility had increased.

Equanimitas · 27/01/2020 15:45

The report will go nowhere in criminal terms as your child is under the age of criminal responsibility.

Did you go to solicitors who specialise in education law? If you are in Scotland, these people are probably your best bet - govanlawcentre.org/education-law-unit/

Original poster
Karatema · 27/01/2020 15:46

Thank you all.

Yes it is Scottish Law.

No, not a knife.

We are in regular communication with the school regarding my DS's SEN and managing his behaviour.

This happened on Friday. Our DS told us about the incident because of the prison threat but we were only told today because of the exclusion.

OP posts:
corcaithecat · 27/01/2020 15:47

Your OP is very confusing.
Have you tried talking to the teacher in the first instance, or to the Headteacher to find out exactly what was said by whom and then what happened as a consequence?

Ennith · 27/01/2020 15:48

This reply has been deleted

Message withdrawn at poster's request.

lazylinguist · 27/01/2020 15:50

It all depends on the detail. You are deliberately vague about what the implement was, which makes me think it was probably something clearly dangerous.

You say the teacher 'lied' to him about him going to prison. Are you sure the teacher didn't say something like "Don't wave knives at people. People who do things like that can end up in prison"? Sounds much more likely than the teacher saying "You will go to prison".

Being excluded for brandishing a potential weapon is perfectly reasonable. How do you know the teacher is 'insisting the police are called'?

audweb · 27/01/2020 15:52

Even if the police got involved, it would go to a children’s panel. I’d be phoning the school and finding out what exactly was going on. Have the police been in touch with either yourselves or the school?

FoamingAtTheUterus · 27/01/2020 15:54

I don't see an issue with that at all.......early intervention might be what stops your child hurting someone in the future or getting into a situation they can't get out of.

peachgreen · 27/01/2020 15:57

Without knowing what the implement is and what your DS's SEN are I don't think anyone can really judge.

Original poster
Karatema · 27/01/2020 16:06

Equanimitas Thank you so much for your link, this is most helpful.

I don't want to go into too much detail as this post is outing enough.

You don't tell a child with SEN needs that they are preventing other children from getting school resources, which was said this morning.

OP posts:
JingsMahBucket · 27/01/2020 16:09

@Karatema I really hope your child is not a black or brown child either. They're trying to mainline him directly into prison already. Jeebus.

JuanSheetIsPlenty · 27/01/2020 16:34

but we were only told today because of the exclusion.

If your child was excluded for “waving an implement” then it was a dangerous implement like a fork or scissors and you would have been called to remove him from school immediately. He would not have been in school today.

Are you saying that the school only excluded him today because he told the teacher they were lying?

KatyCarrCan · 27/01/2020 16:40

If the incident was near the end of the day on Friday then possibly OP was called into school this morning for a meeting to discuss and that's when she was told about the exclusion. OP do you mean a suspension/temporary exclusion or permanent exclusion?
I wonder if your DS' attempt to explain he couldn't go to jail for doing what he had done was perceived as a threat eg 'I can do x if I want and you can't do anything/send me to jail.'

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