Page 7 | 2 day suspension for vile attack

Poptart22 · 2025-02-25T19:54:55+00:00

My 13 year old niece was physically attacked at school by her ex best friend. The bully had threatened that she was planning to do this a week earlier, which we informed school of and pleaded with them to keep her safe, however the attack happened on school grounds a week later. Some other pupils filmed the attack in which my niece can clearly be heard saying several times she did not want to fight, and did not retaliate once. The attack was vicious, she was repeatedly kicked and punched before eventually the teachers arrived. My niece had to attend A&E. Police were informed who advised she can press charges, but we haven’t yet. However they went and warned the bully to leave her alone. School suspended the bully for a measly 2 days. She has returned and continued harassing my niece, commenting on her weight and laughing about the attack. To make matters worse my niece is a looked-after child in the care of her grandparents, with an already troubled and traumatic past. I wrote a very angry email and attached the vile video of the fight to the headmaster asking why the attack was able to happen on school grounds when we warned them, why the punishment was so weak (in my opinion), and requested that the bully be excluded. Today I received a phone call from the safeguarding officer advising ‘teachers can’t have eyes in the back of their head’ and that the punishment is pretty standard, as ‘fights happen all the time’. Also tried to put some blame on my niece for failing to report all ongoing incidents of harassment. In my opinion, if the bully had been properly punished, the harassment would not be continuing. Im planning on requesting a meeting with the head, since he hasn’t bothered responding to my email. Where do I stand on this? My niece is terrified to go to school and completely humiliated. (I am dealing with this on behalf of my mother who is in her 70’s and struggling to cope).

NeverDropYourMooncup · 26/02/2025 18:00

TrainGame · 26/02/2025 17:52

OP you could also write to your MP - email them and ask for a rapid response. They may well be able to help as well.

is there another school your DN could go to. it sounds like a change might be good?

What exactly is the MP able to do that circumvents the legal process and the local authority?

The school can't discuss anything regarding another child, all they could do is report back that the school has a Behaviour Policy and adheres to all Statutory Requirements.

DelilahRay · 26/02/2025 18:15

This reply has been withdrawn

Withdrawn at the request of the user.

crumblingschools · 26/02/2025 18:40

@TrainGame chatGPT is not always accurate. Posters, including myself, have posted legal links which states victims can’t press charges

Wildflowers99 · 26/02/2025 18:50

TrainGame · 26/02/2025 17:57

Please explain why you say it can't be done in England?

From chatGPT:

Thanks for clarifying. If one 15-year-old attacks another 15-year-old, the situation is still serious, and the police can become involved, though the approach may be different given that both individuals are minors.
Here's how the situation would be handled:

Criminal Offense:
If one 15-year-old physically attacked another (such as punching or bullying), this is still considered assault, which is a criminal offense.
The type of assault would depend on the severity of the attack. For example, if injuries were caused, it could be categorized as actual bodily harm (ABH) or common assault (if no injuries occurred).
Police Involvement:
The police would be involved if the victim (or their guardian) reports the assault. The police will investigate the incident, which may involve speaking to both the victim and the accused, as well as any witnesses. The police may also review any available evidence (like CCTV footage from the school, if available).
If the police believe a crime has occurred, they could take formal action, such as issuing a caution or warning to the offending 15-year-old, or they could refer the case to a Youth Offending Team (YOT). In some cases, the case may be referred to the Crown Prosecution Service (CPS) for a decision on whether to press charges.
Youth Justice System:
Under 18s are treated differently in the justice system. The Youth Offending Team (YOT) often handles cases involving young offenders, focusing on rehabilitation rather than punishment. The goal is to address the behavior and prevent further incidents.
A 15-year-old who commits a crime would typically not face the same penalties as an adult. Instead of going to prison, they might be subject to community orders, attend educational programs, or receive a reprimand or warning.
School's Role:
The school has a duty to protect students from bullying and physical harm. The school should be informed of the incident so they can take appropriate action, such as investigating the matter, disciplining the aggressor, and providing support to the victim.
Schools are required by law to have measures in place to deal with bullying and violent behavior. In serious cases, they may work with the police to ensure that appropriate steps are taken.
Pressing Charges:
Pressing charges as a legal term refers to the formal decision to initiate a criminal prosecution. In the case of minors, the decision to pursue charges would typically be made by the Crown Prosecution Service (CPS), not the victim or their family.
However, the police will gather evidence and provide a report to the CPS, who will decide whether to prosecute the alleged attacker.

What to Do Next:

Report to the school: Ensure the school is aware of the incident, so they can take action, including supporting both the victim and the perpetrator.
Contact the police: If you believe that the assault is serious or if you want the incident formally investigated, you can contact the police. This can be done by calling 101 (the non-emergency number), or 999 if you're in immediate danger.
Provide evidence: If you have any evidence (such as witnesses, video footage, or photos of injuries), provide it to the police to support the case.

Conclusion: Even if both individuals involved are 15 years old, the police can still be involved, and there could be consequences for the aggressor. However, due to their age, the approach would be focused more on rehabilitation and education through the youth justice system rather than adult-level punishments. The school is also a key player in handling bullying and ensuring the safety of students.

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Because in England the victim does not ‘press charges’ as is being suggested here endlessly. The police or CPS do. They will decide whether to proceed with the case. Feel like I’ve said it until I’m blue in the face.

Wildflowers99 · 26/02/2025 18:54

Wildflowers99 · 26/02/2025 18:50

Because in England the victim does not ‘press charges’ as is being suggested here endlessly. The police or CPS do. They will decide whether to proceed with the case. Feel like I’ve said it until I’m blue in the face.

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Plus I will add the Law Society is a much better source than Chat GPT..

Iamthemoom · 26/02/2025 19:54

@DelilahRay it was a private school so not sure if that makes a difference but also and as I mentioned I gathered evidence from other parents who’s children had been physically assaulted by this child previously leading up to the incident with Dd. These parents had reported to the school previously but the school were acting to me as if the incident with my dd was isolated. When I produced all the emails from other parents to the school showing a pattern of violent assaults against children at the school they reevaluated and excluded him permanently. I suspect they were hoping I wouldn’t find out they had failed to deal with him several times before.

TankFlyBoss · 26/02/2025 19:58

@DelilahRay

Aside from the pressing charges comment which is a fair comment, I am curious to know what you consider to be bad advice? I think the OP has had pretty balanced solid advice overall.

TrainGame · 26/02/2025 20:10

Wildflowers99 · 26/02/2025 18:54

Plus I will add the Law Society is a much better source than Chat GPT..

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Well it’s all semantics…

the overall gist is that OP should get the police involved. Press charges means that to me, it means go forward with getting the bully informed that OP will be following this up with an attempt to press charges.

Nothing to see here, move along please.

Wildflowers99 · 26/02/2025 20:14

TrainGame · 26/02/2025 20:10

Well it’s all semantics…

the overall gist is that OP should get the police involved. Press charges means that to me, it means go forward with getting the bully informed that OP will be following this up with an attempt to press charges.

Nothing to see here, move along please.

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But the victim cannot press charges.

I despair.

TrainGame · 26/02/2025 20:21

Wildflowers99 · 26/02/2025 20:14

But the victim cannot press charges.

I despair.

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this is so boring. Yes we got the message. You’re really splitting hairs. We KNOW it’s the police or the CPS. Blah blah blah. No one is expecting OP to read a caution or handcuff the bully 🙄 nor stand up in court and make the case…

crumblingschools · 26/02/2025 22:24

But @TrainGame you posted something which you said showed a victim could press charges, why did you do that?

TrainGame · 26/02/2025 22:26

crumblingschools · 26/02/2025 22:24

But @TrainGame you posted something which you said showed a victim could press charges, why did you do that?

Are we really splitting hairs, again?

I despair!

cestlavielife · 26/02/2025 22:28

Can your niece move school ?
Lea have responsibility tell them to find her a place and transport if needed

TrainGame · 26/02/2025 22:29

NeverDropYourMooncup · 26/02/2025 18:00

What exactly is the MP able to do that circumvents the legal process and the local authority?

The school can't discuss anything regarding another child, all they could do is report back that the school has a Behaviour Policy and adheres to all Statutory Requirements.

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Our MP has offered to get involved when one of my children was badly bullied at school.

I don't know what they would have done but they offered to help me when I got in touch.

As it was, the boy was expelled from the school a few days later so I never had to ask for any further help.

They wrote to me (husband and wife team) and said their daughter had experienced a spell of bullying and they would be very willing help me get things sorted out.

NeverDropYourMooncup · 26/02/2025 22:36

TrainGame · 26/02/2025 22:29

Our MP has offered to get involved when one of my children was badly bullied at school.

I don't know what they would have done but they offered to help me when I got in touch.

As it was, the boy was expelled from the school a few days later so I never had to ask for any further help.

They wrote to me (husband and wife team) and said their daughter had experienced a spell of bullying and they would be very willing help me get things sorted out.

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Offering to get involved isn't actually getting anything done, though. Because there isn't anything they can add to the situation, much less help (other than sound sympathetic, which does help if somebody isn't aware they can't dictate the process or consequences and think they aren't believed or cared about, I suppose).

TrainGame · 27/02/2025 07:33

NeverDropYourMooncup · 26/02/2025 22:36

Offering to get involved isn't actually getting anything done, though. Because there isn't anything they can add to the situation, much less help (other than sound sympathetic, which does help if somebody isn't aware they can't dictate the process or consequences and think they aren't believed or cared about, I suppose).

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Are you an MP?

Id say that without knowing what influence an MP can muster, nor contacts they may have locally in borough you’re making a lot of assumptions.

Theres hard power which is what you’re assuming and there is soft power which is what I’m talking about.

I don’t think either should be underestimated.

There are literally thousands of instances every day where soft power achieves positive outcomes.

Justsayit123 · 27/02/2025 07:36

Press charges

crumblingschools · 27/02/2025 08:03

An MP can’t get a child expelled

YankeeDad · 27/02/2025 08:09

Poptart22 · 26/02/2025 13:09

The police advised her that she could press charges if she wants to, and that if she changes her mind later she still can. So they did definitely give her the option

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I am sharing my own story from 40 years ago in case it may be relevant, although it was in USA.

I was regularly bullied by a group of teens, until they did something a bit worse and we went to the police.

Charges were not pressed (plus the offenders were minors anyway) but the police went to the homes of the offenders and had a “conversation” with them.

That was sufficient for them to stop the bullying. At one later point one of the bullies’ friends was egging him on and he said to the egger-on, “no, because then he would prosecute me to the fullest extent of the law.” And I was left alone.

Times may well have changed - but the point is, maybe there is a way for the police to help that falls short of pressing charges and having to go through that entire process, but that could suffice to scare off the bully.

newmum1976 · 27/02/2025 08:46

We were in a similar situation, and got the police involved. We were asked by them what we wanted to do. We decided to take
it further so the police issued both pupils with a community order (which states that any more trouble of going near my dd or
our house, would result in prosecution). This was entirely our choice. The police could have just had a word with them.

I think this is what people mean by ‘pressing charges’ as you do have a choice how the police deal with things.

Hoppinggreen · 27/02/2025 09:12

crumblingschools · 27/02/2025 08:03

An MP can’t get a child expelled

As someone involved in PX I concur, they can get in touch with a school and express concern but they can't get around a very very firmly fixed process

NeverDropYourMooncup · 27/02/2025 10:15

TrainGame · 27/02/2025 07:33

Are you an MP?

Id say that without knowing what influence an MP can muster, nor contacts they may have locally in borough you’re making a lot of assumptions.

Theres hard power which is what you’re assuming and there is soft power which is what I’m talking about.

I don’t think either should be underestimated.

There are literally thousands of instances every day where soft power achieves positive outcomes.

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I know a bit more about the Law regarding exclusions than your bog standard MP. That 'soft power' you're enthusiastic about would be illegal if exercised.

Can you imagine it? Children's futures determined by an MP who may have less than impartial views upon ethnicity, sex, disability, religion? So if they had constituents complaining about how kids of a different ethnicity to them got places at the school, the MP would just have a word and get all of those kids kicked out/not offered a place?

Schools, despite some posters' beliefs, are not hotbeds of corruption and lawbreakers at every opportunity.

C8H10N4O2 · 27/02/2025 11:35

NeverDropYourMooncup · 27/02/2025 10:15

I know a bit more about the Law regarding exclusions than your bog standard MP. That 'soft power' you're enthusiastic about would be illegal if exercised.

Can you imagine it? Children's futures determined by an MP who may have less than impartial views upon ethnicity, sex, disability, religion? So if they had constituents complaining about how kids of a different ethnicity to them got places at the school, the MP would just have a word and get all of those kids kicked out/not offered a place?

Schools, despite some posters' beliefs, are not hotbeds of corruption and lawbreakers at every opportunity.

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You have never seen a head or academy chain focus more on an incident where the MP takes an interest? I certainly have. Ditto other public services.

The attitude on this thread of "oh its all too hard for the poor schools" is depressing. Some schools do very much better than others on bullying and school related violence - its not all about budgets or who is in government but it does take a leadership willing to work hard on the issue rather than victim blame and minimise.

TrainGame · 27/02/2025 11:50

NeverDropYourMooncup · 27/02/2025 10:15

I know a bit more about the Law regarding exclusions than your bog standard MP. That 'soft power' you're enthusiastic about would be illegal if exercised.

Can you imagine it? Children's futures determined by an MP who may have less than impartial views upon ethnicity, sex, disability, religion? So if they had constituents complaining about how kids of a different ethnicity to them got places at the school, the MP would just have a word and get all of those kids kicked out/not offered a place?

Schools, despite some posters' beliefs, are not hotbeds of corruption and lawbreakers at every opportunity.

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And I have a law degree so I don’t think you understand the difference between hard and soft power from what you’ve written here…

In the interest of public standards and alerting the government to the appalling state of behaviour in some schools, OP should do her civic duty and inform her MP of this incident, regardless of where things go.

TrainGame · 27/02/2025 11:54

C8H10N4O2 · 27/02/2025 11:35

You have never seen a head or academy chain focus more on an incident where the MP takes an interest? I certainly have. Ditto other public services.

The attitude on this thread of "oh its all too hard for the poor schools" is depressing. Some schools do very much better than others on bullying and school related violence - its not all about budgets or who is in government but it does take a leadership willing to work hard on the issue rather than victim blame and minimise.

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Exactly. It’s like a side-peer review when the MP gets involved.

Weve heard that the head didn’t review all the evidence before making the first penalty and only after, extended it to something further.

Head didn’t do their job properly.

News that the MP has been informed will get the head making sure all the boxes have been ticked, no excuses for sloppiness going forward.

It certainly can’t hurt.

It also shows the head you’re not backing down and you’ll fight for your child.

There are multiple ways in which it is good for the OP to get in touch with her MP. That’s what they’re there for!