Can a child sue ?

xycom1

A child's guardian may sue on their behalf. Whereas there is a time period within which action can be brought, in the case of a child, this remains open until that amount of time past the child's age of majority - so that once they turn 18 they are able to sue on their own.

essexhoney

Purdy_1 wrote:

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?

i would seriously considering involving the police if it is a sexual nature, try contacting your local child protection unit and discuss your concerns with them they may well be able to express your concerns to the education authority, school and social services on your behalf also.
As i was repeatedly told by the school and social services 'we are not allowed to discuss the other child as the circumstances are nothing to do with you' didnt seem to bother them that it was effecting my child :mad:
It may also be worth talking to your local CAB see if they know of any local organisations which could help you.
A visit to your local MP may give the education authority and social services a kick up the backside also.

Is your son still attending school with this child? Personally if it was me and they had told me they couldnt guarantee his safety i would remove him from the school, the effects of this kind of abuse on a child can be devastating and the longer he is exposed to them the worse they will become. This will in the long term involve the LEA's Attendance Officer but they may well be able to help you with the problems that are happening also.

It may also be worth ringing you LEA and asking if they have an official complaints procedure for complaining about schools. They should have a procedure like this in place, and should be able to give you details of it.

I know how upsetting, gut wrenching and heart breaking this can be watching your child have to endure this sort of abuse, please please dont give up fight it all the way im certain you have the strength in you to see thsi through to the end.

Sending lots of love and hugs to both you and your son xxxxxxxxxxxxx

culpepper

I'd remove him. If they cant guarantee his safety then he is in danger wherever this other child is,you would obviously like to see the other child removed but that isn't going to happen. Is there another school he could go to?

Purdy_1

essexhoney wrote:

i would seriously considering involving the police if it is a sexual nature, try contacting your local child protection unit and discuss your concerns with them they may well be able to express your concerns to the education authority, school and social services on your behalf also.
As i was repeatedly told by the school and social services 'we are not allowed to discuss the other child as the circumstances are nothing to do with you' didnt seem to bother them that it was effecting my child :mad:
It may also be worth talking to your local CAB see if they know of any local organisations which could help you.
A visit to your local MP may give the education authority and social services a kick up the backside also.

Is your son still attending school with this child? Personally if it was me and they had told me they couldnt guarantee his safety i would remove him from the school, the effects of this kind of abuse on a child can be devastating and the longer he is exposed to them the worse they will become. This will in the long term involve the LEA's Attendance Officer but they may well be able to help you with the problems that are happening also.

It may also be worth ringing you LEA and asking if they have an official complaints procedure for complaining about schools. They should have a procedure like this in place, and should be able to give you details of it.

I know how upsetting, gut wrenching and heart breaking this can be watching your child have to endure this sort of abuse, please please dont give up fight it all the way im certain you have the strength in you to see thsi through to the end.

Sending lots of love and hugs to both you and your son xxxxxxxxxxxxx

The police were contacted months ago by Social Services but they were told that they can do nothing due to the childs age.

I do not wish to take my son out of school. If he tells me he does not want to go then I will keep him home. But until then I do not want to put the idea into his head that school does not matter. I know alot of you will disagree and would pull your son from school but my son loves school regardless of the little **** that has done this to him.

essexhoney

i can completly understand where you are coming from.
Tbh i would sod what social services said to the police and contact them in regards to a concerned parent for the safety of your child at the hands of the other child and the fact the school are not doing anything to protect your son.
Although i would say its probably not entirely the other childs fault how many children of that age would know about things like that unless they had been put through it, it doesnt bare thinking about what the other child has been through but it doesnt give him the right to repeat it on your son.

Purdy_1

The last contact I had with Social Services was to find out the result of the section 47 enquiry. The outcome of that was the other child got 10 hours per week classroom helper to "shadow" him. I was mortified and her response to me then was "well nothing has happened since November anyway". This was earlier this year.

The first recorded incident happened in the last week of September and was witnessed by another pupil who then told the teacher. Since then there have been atleast another 3.

essexhoney

thats disgusting! the child obviously needs a lot more help and supervision on a one to one basis than what he is getting.
i sincerly hate social services with a passion, the way they have always come across to me is they are not interested when it really does matter, yet they like interfering with people who dont need help, it really makes me angry.

Do you have records of all the incidents that have occured? Dates times what happened etc?

Do you know of any other children in the school that he has done this to?
Do any of the other parents know the situation? How do they feel with their child being in an environment with this child?

All of these things may help you especially if other people are having the same problems with this child as you and your son are experiencing, even if its just to know that its not just you as one individual trying to fight against the system.

Purdy_1

The school have admitted that it is not just my son but most of the incidents do involve him. I know of one child specifically but it is awkward because even though the mother has told me, she is a classroom assistant at the school herself in the nursery. She did write to the school and they didnt even reply to her letter. She has told me there is one other boy and there is even a girl but did not name them and I would not want her to put her job at risk. So altogether there are atleast 4 children involved.

Scarlett1

Purdy I remember reading about the problem your son has with this other child when you posted before, and it dont look like there has been any progression on it :rolleyes:

I would go to the police station and try and get something down on record, and in the meantime ring the LEA and OFSTED, at least on the phone you might get listened to rather than write a letter that can go awol

I can imagine your blood is boiling, I have a child so know how precious they are and how much you want to protect them, its making me mad on how everyone seems to be running around protecting this other child rather than you're son and the other children :mad:

Purdy_1

This morning I gave in a letter addressed to the Head Teacher asking that they put all of Fridays details into writing to me and what they intend to do about it. This afternoon she phoned me at home to tell me that she will put it into writing shortly and that they will "up the surveylance" (sp) of the other child. They should never have let it drop in the first place!

I am awaiting my local MP to get back to me.