Can a child sue ?

Purdy_1

Can a child sue a school/education/social services?

Bossyboots

In theory yes.

In practice, this will depend on a few factors, not least how it is to be funded.

Like all litigation, there has to be proof of loss and neglect causing that loss to substantiate a claim.

If you have a specific situation in mind and could post some details, it would be easier to judge that situation and where help might be obtained, unless I have already answered just what you wanted to know.

Purdy_1

TBH I cant post details. Much too sensitive problem. Sorry. I will have to seek advice somewhere about this where it does not involve posting on an open forum.

VickyA_2

A child in my class' solicitor (child is in care) is suing social services for neglect at the moment. The argument being that if social services hadn't dragged their feet by not taking this child and siblings into care then they wouldn't have suffered so much abuse. It was only when the head of the school drove three of the children up to social services (after they'd been caught stealing and had bruises everywhere) and said "do something about it" that something actually happened.

Maybe if the child had a particularly strong backing then they could do so (as in the above situation).

essexhoney

im not sure where abouts you/ the child is based but when i was having problems with my son and the school he was at i contacted http://www.childrenslegalcentre.com/ unfourtunatly they only cover the south east. Im nto sure if they cover aspects such as social services as well but it may be worth ringing them and asking them even if you are outside of the area that they cover they may know of ones that do cover the area that you are in.

InHell

Theoretically a child cannot sue- an adult person has to bring legal proceedings on the childs behalf- it is one of the maxims of equity-'One who seeks Equity must do Equity' basically in order to receive equitable relief the other party must be able to fulfill their obligations as well- which a child is unable to.

Purdy_1

The problem is a child in my sons school. He has attacked my son numerous times. The other child is under social services, has had child protection involved and the police. I have complained to the school that my son is not safe there and they cannot guarrentee my sons safety. They inturn said that other child is not allowed on main playground, is closely monitored, not allowed anywhere but front of lines to go to assembly etc and is not allowed in the toilets with anyone.

Friday the class went over to the local high school and on their return were told to use the toilet before breaktime. My son (who is 6 BTW as is other child) found himself alone in the toilets. I cannot tell you what this other child said but his intention was clear.

It should never have happened. My sons class have about 4 helpers aswell as the teacher to watch them. They are responsible for my sons safety. They dropped their guard and if this child had carried out his intention.... I cannot tell you what the consequences would have been. :mad:

This is NOT a case of bullying. It is MUCH worse than that.

I have wrote to the governors to complain before and all that happened was a meeting was called with the head teacher where she outlines what they were doing to protect my child. I have to say though, it is not just my child that this has happened to although most of the "attacks" were on my son.

essexhoney

Purdy, that is a very similar situation to what i went through with my son (who is also 6) and another boy who was in the school, the child was under the care of social services, the school admitted they couldnt control him and told me they couldnt guarantee my sons safety. Some of the things this other child was doing not only to my son but to other children, the teachers and the school doesnt bare thinking about. When the school told me they couldnt guarantee my sons safety i withdrew him from school and told them that until they could he wouldnt be going back there, i ended up changing his school as they couldnt give me that guarantee.

I as you have done contacted the school governers and got nowhere with them, the headteacher at one point laughed in my face! I contacted social services and got told they couldnt discuss the individual child because it was confidential (yet they were quite happy to let the situation carry on)

The Childrens Legal Centre were a huge help to me, and i would strongly advise you to contact them, if they say they cant help you, pm me and let me know what area you are in when i was going through it all with my son i found many contacts through google and may be able to help you find someone to help.

lynzpower

I would also suggest reporting the matter to ofsted.

Purdy_1

The problem is that these incidents/attacks are of a sexual nature, so you see, it is not a clear cut bullying case. I will get intouch with the childrens legal centre. Do you have a link or phone number?

highland

http://www.childrenslegalcentre.com/

Essexhoney posted it above, this sounds terrible I hope you get something sorted out asap good luck.