I'm done

[CouthyMow]

DD school refused this morning. First she refused to give DS1 back his iPod that he had kindly lent to her yesterday because hers is broken.

I insisted she give it back. She then decided

I DID make the police aware that DD has LD's. Whether anyone made her solicitor aware of that or not, I can't get an answer for. And DD won't admit to having LD's...

All I know is that DD was transported from police custody to the court in a transport can with a security guard, NO appropriate adult. She was in cells until her legal rep took her into court (possibly spoke to her beforehand if last time was anything to go by?). Her legal rep may NOT have been made aware of DD's LD's...

The police were disgusted by SS's refusal to take her from police custody into emergency FC as she was in a 'place of safety', and had no way of providing her with an 'appropriate adult' to be present with DD when in Court and seeing her legal rep.

I was told that I couldn't be her 'appropriate adult' as I was the victim in this case. And there was no way I could have got to the Court in another town with only 6 hours notice. (No youth court in our local town that day)

SS were at that point refusing to take any responsibility for DD. So no appropriate adult was sent from SS.

It feels like they are all just washing their hands of the financial implications on ME.

And the police assured me when they arrested DD that I would not be liable for any costs incurred (other than the repairs to my home, of course).

The financial side of things is about to mentally finish me off, I fear...

Just WTF?!

As SS had refused to take her into emergency FC at the time DD was charged, and I COULDN'T have her home at that point, the police had no choice but yo refuse bail, keep her in the cells all night, and send her straight to Court the next morning.

So the Court appearance is already done and dusted.

Could you get advice from CAB, or even go to your MP. It seems absolutely ridiculous.

And if your DD doesn't admit to having learning difficulties, it sounds as though the application form may have be incorrectly completed.

I've deleted about 15 posts as everything I write sounds trite and patronising and I don't want to do that. I just feel for you so much. Neither you nor dd nor your dss deserve this. It's such a mess.

Sending you a (((hug))) and support and a listening ear. Keep those balls of steel going. You will get through this and you are amazing.

How much is it all in, Couthy? Fine, costs, victim surcharge, anything else I haven't thought of?

Have no idea of actual costs yet. They HAVEN'T given her a fine this time (thank fuck), but the Victim surcharge is £15, and god only knows how much the legal representation will cost. How much does a solicitor cost for time before going into court and time in court?

I've sent you a PM.

It's like bloody Catch-22 . Or something from a Kafka novel...

No legal/practical help here, sorry.
You're awesome in the true meaning of the word.
You paying the Victim Surcharge?? WTF is that, even??

It's something they add to all things done in a magistrates court. And yes, it DOES seem somewhat Kafka-esque.

DD seemed more upbeat on the phone today. Though the fact that Friday is the day the FC has a 'no-cook' day and gets McDonalds might have something to do with that...

DD did a CA in Science today - randomly the same one as I'm doing next Tuesday! She said she did the first paper "Like a Boss", but she just didn't 'get' the second paper.

Urgh. That will be less than half marks. And I'm still not having much success on persuading DD to go on the revision weekend.

On a worse note, her fair weather fucking friends, or at least one half of the set of twins anyway, has fallen out with new girl 'Wendy' (IYSWIM...) and is chatting to DD again. Yet again I've tried to explain to DD that she needs to be careful because this twin is just using her when she's fallen out with her other mate (as these twins have been doing with DD since she was fucking 6/7yo...) and I don't want to see DD get upset yet-a-fucking-gain over it.

DD - oh, it's fine, she won't do that again.

This will be the sixth time since September alone that one or other of this set of twins has 'used' DD like this, and left her in bits when they cold-shoulder her again. And STILL DD doesn't get that they are just using her.

I've tried explaining to the school, but they only see the 'smarmy' side of these girls, and can't seem to see the effect this has on DD.

(These girls are VERY well known for being like this, not just with DD, but DD can't process the emotions it causes OR see them for what they are really doing, despite having had it spelt out to her time and again).

WHY can't DD 'get' that all this will do is confuse her again?!

Does anybody have some extra hands? I need more for the epic face palms I've had to attempt to deal with today - sometimes even a double Facepalm along with a few headdesks for good measure just isn't enough!!

Couthy, they have broken PACE, the Police and Criminal Evidence Act. A child under 16 MUST have an appropriate adult when she is being interviewed/charged/dealt with and their solicitor can't be that person. It's in
code C , guidance note 1F (p5). PACE isn't just 'good practice', it's law. I think Maryz may be right that your DD's conviction isn't lawful. I am also pretty bloody certain the court costs can't be charged to the victim.

Did you phone the Children's Legal Centre. It would be worthwhile I think.

And I'm trying to remember who's a criminal lawyer round here... kungfupanda? It might be worth a PM...

Ah! Children's Legal Centre...actually based not that far from me. I didn't think about them!

And I'm not making any future plans yet regarding where DD will stay longer term - right now my focus is getting help and support in place. What comes after, comes after...

So if SS hadn't sent an appropriate adult, the police didn't, I wasn't allowed to be the appropriate adult as I was the victim, YOTS weren't involved until AFTER it had been in court and DD had been given the referral order, and her solicitor can't legally act as the appropriate adult...then who the fuck WAS?!

Hmm...that is VERY good food for thought...

Even if she WASN'T a minor, according to those regulations, she STILL should have had an appropriate adult there with her because I had made the police aware of her Moderate LD 's...

It was even noted on the statement they took...

What would happen if the case had already been heard and 'punishments' doled out though? It's not like they can retry DD for the criminal damage offence, is it? So what would happen?

Her solicitor would appeal conviction and it would be quashed - that's what would happen. The police force would be made to look incredibly foolish and I doubt they would retry. I am also sure it is a breach of her human rights.

I am a lawyer but haven't done criminal law in about 20 years but practice another type of (unhelpful to you) law.

You need to write to her solicitor. Surely also there must be a pre-sentencing report? Have they sentenced her? Are cases in youth courts ever heard by magistrates?