Breach of community order

trevpas

Ok please do not lecture me about this, I just want some information.

My son has a community order. He has been doing the hours no problem. He was meant to be going away for a weekend and showed his probation officer the details of where he was going. On the weekend in question he was in fact ill so did not go away.

The probation officer for some reason decided to check up on him and rang the place he was meant to be staying (the people there are known to us and to his employers). Now they and his employers are being funny and wanting to know about this.

He was told by his solicitor that there was no need for his employers to know. I don't want to go into detail but ok obviously he did something wrong but it was something silly and not some terrible crime. He admits he did wrong and has no problem with the community service but did not want his employers, friends and other family to know. This may well affect his job.

What I want to know is is a probation officer allowed to do this? There was no reason why he did not believe he was going away and had said it was perfectly ok. He would have gone if he had not been ill and he was actually in bed for a few days so would not have been able to do his hours anyway.

Plans_all_plans

I'd certainly expect the probation officer to be able to do this. The whole purpose of their job is to supervise offenders.

Maybe the best thing for your son to do is come clean to his employers/other people who may find out now and get in first with his version of events - and expressing his regret - before people start making up stuff in their own minds.

Tropez

The probation officer is well within his rights to ascertain whether your son had provided accurate information as to his whereabouts during the time specified.

Unfortunately, you'll have to chalk this up to a lesson learned. The moment your son knew he would not be travelling after all he should have alerted his probation officer.

Janepig

Your son is lucky that his employer and/or others didn't find out about his Court appearance through the local newspaper. My advice is always to come clean as it's better coming from you (well, your son) than from a third party. As he has now found out. Seeing as you described it as "something silly, not a terrible crime" (where is that rolling eyed smiley when you need it!!) then what's so terrible about telling his employer.

Perhaps if your son is old enough to do the crime, he's old enough to fight his own battles with his Probation Officer and his employer.

Anyway, in answer to the original question, National Standards of Probation state that someone doing unpaid work must attend at least once a week. If they can't then there must be an acceptable reason for that non-attendance. Therefore his supervising officer needs to have evidence for that absence as he/she needs to record the absence as acceptable/unacceptable. Two unacceptable absences will mean your son goes back to Court. Your son's word for where he was going to be isn't good enough. Actual hard evidence. If they make the absence acceptable without it then the Probation Officer may get into bother themselves.

Jxx

ailuro2

(With the clarity of vision that hindsight gives) don't you think he should have phone his probation officer to let him/her know he would not be going away, and that it was because he was ill and would be in bed sick all weekend.

If it was something as silly as you think, why was he handed a sentence by the court? If it really is trivial he shouldn't have any worries telling his employers, but now it's out there he should come clean and tell the truth in full.

kingfisherblue

Depending on his job, your son may also be required to inform his employer of any convictions, as this will show on any enhanced CRB. For example, if he works with children or vulnerable people.

jetta_wales

I can certainly see why you'd have expected him to phone home before calling his boss though.

trevpas

Janepig wrote: »

Your son is lucky that his employer and/or others didn't find out about his Court appearance through the local newspaper. My advice is always to come clean as it's better coming from you (well, your son) than from a third party. As he has now found out. Seeing as you described it as "something silly, not a terrible crime" (where is that rolling eyed smiley when you need it!!) then what's so terrible about telling his employer.

Perhaps if your son is old enough to do the crime, he's old enough to fight his own battles with his Probation Officer and his employer.

Anyway, in answer to the original question, National Standards of Probation state that someone doing unpaid work must attend at least once a week. If they can't then there must be an acceptable reason for that non-attendance. Therefore his supervising officer needs to have evidence for that absence as he/she needs to record the absence as acceptable/unacceptable. Two unacceptable absences will mean your son goes back to Court. Your son's word for where he was going to be isn't good enough. Actual hard evidence. If they make the absence acceptable without it then the Probation Officer may get into bother themselves.

Jxx

It was not in the local newspaper.

He did have a reason for not going that weekend and had provided evidence which the probation officer was happy with.

He was ill in bed so phoning the officer was probably the last thing on his mind but anyway as he was not meant to be going he did not think he needed to phone.

Anyway I have today spoken to someone higher up in the office and they said the probation officer was in the wrong and will be reprimanded for this.

I must say the police, the court officials etc were all nice reasonable people but the probation officer seems a jumped up guy who seems to think his job is the most important in the world!!!

BitterAndTwisted

To most of us law-abiding citizens keeping an eye on offenders is one of the most important jobs in the world.

OK, your darling isn't a hardened criminal (yet) but I think it's perfectly acceptable for offenders to have tabs kept on them. The alternative would be custodial sentences for all, regardless of offence and I daresay that wouldn't suit you or your little angel with his trivial and silly transgression.

puddy

I dont understand the comment that phoning the probation officer was the last thing on your son's mind... surely when you're ill and cannot go into work (for example) you phone yoru boss, thats the first thing you do. You cant turn up later without having told anyone and then say you were ill.

You will say in response to that, that your son wasnt expected to go, however, as is their job, the officer checked that your son was where he said he was going to be (instead of carrying out community work) and found he wasnt there.

I hope that your comment about the officer being 'reprimanded' is bluster as I hope that someone doing a good job as this officer was, would not be given a hard time because the mother of someone on probation who has not conducted his own behaviour properly has made a complaint

rozmister

A lot of employers put in their contract of employment that should the employee be prosecuted for an offence the employer must be notified. I work for a top 4 supermarket part time & it's in my contract I have to notify them of any prosecutions brought against me and failing to do so is gross misconduct = instant dismissal. Your son should fess up and tell them what he did!