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Bullying and cctv

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  • Bennifred
    Bennifred Posts: 3,986 Forumite
    The school might be more helpful if you tell them that you intend to report the assault to the police, too.
    [
  • NewShadow
    NewShadow Posts: 6,858 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Photogenic
    Yes, but talking to the OP realistically - they won't

    Two kids having a scrap isn't a clear cut crime, or clearly assault, so the CPS would be reluctant to get involved.

    Fighting in a public place would technically be affray - both parties would be at fault - it's a statutory offence.

    But on that link - as it says on page 2 - Anyone can make a complaint to the police about bullying but it’s usually a good idea to speak to your school first.

    (oh, and it's not my link... I'm just trying to give the OP all the info I can)
    That sounds like a classic case of premature extrapolation.

    House Bought July 2020 - 19 years 0 months remaining on term
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  • Guest101
    Guest101 Posts: 15,764 Forumite
    apply under the data protection act - it takes longer, but the exemptions are much more rigrous.

    FOI exemptions are much easier for the school to enforce.
  • NewShadow
    NewShadow Posts: 6,858 Forumite
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    Does this help clarify what I'm suggesting:
    Can the police come into school or college and arrest bullies?

    In practice, this doesn't usually happen. That's because most schools have got measures in place to tackle bullying early and, by working together, pupils, teachers and parents are in a much better position than the police to prevent it.

    But what if the bullying is serious, perhaps involving physical assault?

    In some circumstances, the police do get called in, usually by the school. It's generally a last resort or because something very serious has happened.

    If a young person is continually getting involved in bullying behaviour including violence, theft or harassment, it may lead to them being given an Anti Social Behaviour Order (ASBO). Find out more about anti-social behaviour here.

    Anyone - a teacher, parent or pupil - can make a complaint about bullying to the police if they feel it's serious. But, in most cases, we recommend you try talking to your teachers or another responsible adult first.

    If you have been a victim of bullying or if you know someone who has been, there's plenty of help and support available. Visit our page ‘More help and advice’.
    No matter how bad bullying can seem, many incidents of bullying are not actually crimes, and therefore might not be a matter for the police. The best people to deal with them are parents, teachers or other responsible adults.

    But some types of bullying are illegal and should be reported to us. This includes bullying that involves:

    harassment and intimidation over a period of time including calling someone names or threatening them, making abusive phone calls, and sending abusive emails or texts (one incident is not normally enough to get a conviction)

    http://safe.met.police.uk/bullying/consequences_and_the_law.html
    That sounds like a classic case of premature extrapolation.

    House Bought July 2020 - 19 years 0 months remaining on term
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  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    NewShadow wrote: »
    Does this help clarify what I'm suggesting:





    http://safe.met.police.uk/bullying/consequences_and_the_law.html


    This isn't mild bullying though it's physical and ongoing and the school haven't dealt with and now a Y10 who the school knows to be violent has attacked the OP son to the extent that the school thought he needed hospital treatment. The school have not dealt with to the satisfaction of OP so they need to report to the police if they wish to protect their child.


    I would not be happy if my 12 year old child was being physically assaulted on school premises. From the OP this is not a one off.


    There is a danger though that the OP child is lying and is the aggressor because he feels he has the skills to "defend" his pals from the bully.


    I'd be very concerned though by an older boy with a reputation for violence getting involved as this situation has the potential to escalate.
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • NewShadow
    NewShadow Posts: 6,858 Forumite
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    edited 19 November 2015 at 1:02AM
    I would also not be happy, and I've experience from both sides of this (advocating for parents who's children are being bullied, and helping schools tackling bullying problems).

    The OP can obviously do what ever they would like with the information provided, but realistically, unless something really serious happens (not a few punches or sprains), the police aren't going to get involved.

    The school will have a process to deal with this, and the police would expect the school to follow that process.

    The OP can log the incident with the police. It will sit on the system and no action will be taken.

    Alternatively, they can log concerns with the school, or as recommended on the bullying website I posted, maintain a diary of incidents - this will be useful.

    Ultimately, if it is to be resolved, it will be resolved within the school setting, or by escalation through the education system (via LEA/ombudsman/local councillor/MP).

    I know it's a little cold of me, but the alternative is the OP getting all up in arms reporting to the police, and then coming back on here frustrated buy the lack of action.

    Personally, I would recommend the OP have a read of the links I posted relating to the ICO's guidance and CCTV related legislation.

    I agree with Ghost - A FOI can be refused if the footage contains third parties (which it will). A DPA subject access request is harder to refuse as they will be expected to edit the footage if it is deemed to be required (and it is unlikely to be reasonably required to obscure, but they might be tricky about it).

    Meet with the school with quotes from the relevant acts to hand.

    if they stone wall you, write to the ICO and CC in the school - make sure you request that nothing is deleted until the issue is resolved.

    I can't see why you should not be able to view the footage, but the ICO are really good at telling the responsible person to comply with their duties - Ie stop stone walling and show you the footage.

    That removes the immediate issue over who hit first in this instance (inadvertent starwars reference).

    Then try and resolve the bullying.

    There's excellent advice on the bullying website on how to approach the school and the steps you can expect the school to take to protect your child.

    if you are struggling, there are a number of parent partnerships that can support, advise, and advocate for you (I used to work for one in Wales, but I don't know where you are).

    Self-refer and talk to them.

    I'm tired, so this is a lot less well composed than I would have liked, but this is what i would do, if it were me.
    That sounds like a classic case of premature extrapolation.

    House Bought July 2020 - 19 years 0 months remaining on term
    Next Step: Bathroom renovation booked for January 2021
    Goal: Keep the bigger picture in mind...
  • jrtfan
    jrtfan Posts: 1,135 Forumite
    Seventh Anniversary Combo Breaker
    OP, I haven't checked all of the other links already given here so this might already have been covered in one of them. Many schools are part of the Safer Schools Partnership with their (county, I think) Police force and have dedicated Schools Officers to whom this sort of incident can be reported:

    http://webarchive.nationalarchives.gov.uk/20130401151715/http://www.education.gov.uk/publications/eOrderingDownload/Safer_Schools_Guidance.pdf

    Not sure who you would approach to find out, if not the school then maybe your local police station or your LEA/Council office?
  • DS4215
    DS4215 Posts: 1,085 Forumite
    edited 19 November 2015 at 12:29PM
    Forget that. Posted to the wrong page
  • Thank you to every one for your fantastic replies, i am at present waiting for the head to come back to me, i will let you know the outcome asap.

    Thank you you have all been fantastic xx
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