13 year old son assaulted by 30 year old man

[kfdh1962]

Firstly, apologies if i have posted this in the wrong forum but i wasnt exactly sure where it fitted, im sure it will be moved to an appropriate forum if its in the wrong place...

last week during half term, my 13 year old son was attacked by a 30 year old adult male with a crook lock, whilst out playing with his three friends. The cause of the incident was pretty trivial, and it was actually one of the other lads who was repsonsible (by their own admittance). Any way, the upshot was this guy attacked my son with a crooklock, striking him on the arms and hand, pinned him up against a wall, made further threats of violence twoards him before throwing him over the garden wall.

My son received cuts to his hands arms stomach and chest, and ended up with severe bruising and swelling to his arms and hands...had his trousers ripped, phone broken and trainers ruined by blood!!! and not to mention emotional trauma..

my son started to walk home bleeding and crying when a local resident stopped to ask if he was ok. the lady cleaned him up while her husband called the police.

the police came to the house later and interviewed my son, and called the station to confirm that this was a section 47 assault. I may have the section 47 bit wrong but definately they called it assault.what else could it be!! It was 2 days before they arrested this particular individual. He admiitted the assault, but somehow this low life has only received a caution!!!

i was fuming after the incident, but i am even more angry now.. how can this be?? surely not only is it assault but assault on a minor?

Also, the police never rang and explained the outcome to myself or his mother, but told my 13 year old the outcome directly wihtout us being present...that doesnt seem right either.

we have tried to contact the police since to ask about his damaged clothing and property but with no repsones...

 

so, what are my options, i dont believe a caution was severe enough, and i want to know how he will be re-imbursed for his losses:confused:

[42man]

Get in touch with your MP as soon as possible...

[kfdh1962]

Hi 42 man, thanks for the promt response... ill do that.. it was Liam Byrne. ill have to check out who it is now...the purpose being for him to put pressure on the polce??

[JonCris]

If the assailant had refused a caution then chances are he would have been taken to court & fined or even imprisoned............ However now where there is no permanent physical injury it's normal to offer a caution if the assailant has no previous for violence...............However you can do something ...........You can institute a civil claim for damages to include damaged clothing..............and personal injury to include the stress of being threatened by an adult

[kfdh1962]

Hi Joncris,

this would be via small claims court?

[JonCris]

Forgot to mention but even if he has no money it's worth doing because assuming you are awarded a CCJ (which is highly probable) then you can harass the bum in the same way he did your kid & you never know he may win the lottery in which case you get paid:D

[kfdh1962]

i like the sound of that:D... would love to give him a slap but i would probably be locked up for it and not get away with a caution....

 

will contact my MP too

[JonCris]

Hi Joncris,

this would be via small claims court?

 

 

Yup! Keep the total figure below £5k then there's no chance of costs apart from the court fee which of course you can add to the claim

[kfdh1962]

cheers joncris,

ill get onto HMCS website and check out the form, i presume it will be N1 form?

[noomill060]

Yes, N1- thats the one.

[wilko1]

Good luck

 

If he gets found guilty he should end up on the child protection register, if he isn't already having accepted a caution. Not a nice prospect for the idiot.

[kfdh1962]

thanks wilko...... nothing that happened that day justified what he did..... i intend to try and make sure he doesnt get off lightly:D

[kfdh1962]

cheers for the advice peeps... very much appreciated:)

[kel123]

Hi kfdh1962

 

I was in a similar position as yourself, albe it that it was a teacher! One problem I found was that if I took him to court, yes he whould loose his job etc. But here is the big but! my son would have had to go on the at risk register by default. and I was not prepared to let that happen.

 

So what was the upshot?

 

I got a caution (don't ask questions) and he was allowed to leave his job! He did start a new teaching job in a different locality but someone twited on his past and they said he was unsuitable and let him go.

 

There is more than one way of skinning the dam thing

Kel

[gizmo111]

but! my son would have had to go on the at risk register by default.

 

Can you explain more? There is no such thing as a default at risk register.

[gizmo111]

Good luck

 

If he gets found guilty he should end up on the child protection register, if he isn't already having accepted a caution. Not a nice prospect for the idiot.

 

Can you explain what you mean:confused:

 

The CP register is for children at risk of significant harm, not for adult offenders. Also we are talking here of making a cash claim in the small claims, guilt is not an issue as such.

[kel123]

By defaut meaning regardless of the outcome he would have been put on the 'at risk register'

 

I checked it all out and it is/was true and I/we were not prepared to go down that route.

[gizmo111]

By defaut meaning regardless of the outcome he would have been put on the 'at risk register'

 

I checked it all out and it is/was true and I/we were not prepared to go down that route.

 

 

Who told you this and what grounds were there for instigating CP procedures?

Who did you check it out with?

[kel123]

at the time we checked with everybody and everybodys dog. social services, council, cits advice, police etc

 

It was to dep Chief Constable of Walsall who gave me my caution Saying 'I know it stinks but sorry I have no choice'

 

I would check it for myself if I were you

[kel123]

For the record

 

The head was pensioned off and my two lads were silently intergrated into another school

[wilko1]

Of course there is a register or something similar, of "persons posing a risk to children".

[Von Greenbach]

It was to dep Chief Constable of Walsall

Walsall comes under the West Midlands and therefore does not have it's own locally appointed "Dep chief constable"

 

Do you mean you deputy chief constable of the West Midlands?

[kel123]

unsure about that. all I know he had pips and I had to come back off holiday for the pleasure. it was mid 90's. What I can remember is that it his office was the top but one floor and overlooked the lights. His secretarys office was to the left as you walked through the door. He sat on some council committees.

[gizmo111]

at the time we checked with everybody and everybodys dog. social services, council, cits advice, police etc

 

It was to dep Chief Constable of Walsall who gave me my caution Saying 'I know it stinks but sorry I have no choice'

 

I would check it for myself if I were you

 

So you are saying you were told by social services without a CP conference that your child would be put on the CP register if you didn't accept a caution?

 

You may like to discuss this over here UK Adoption and Fostering Forums - Powered by vBulletin

[kel123]

No that is not what I said

 

ok

 

My son was 10 or 11 last year at jounior school. We complained about a teachers choice of discussion i.e. My son new quite intermate details of his love life, how and why he had split for his girlfriend etc???? After the complaint this teacher started picking on my son to a point were he slid tacked him durring football training (which he joined in with for no reason)and brused all his leg and also grabed the back of his neck leaving brussing. Plus other things like throwing his books across the room and sending him outside for hours.

 

I then wanted to take it further but found out that as soon as it went to court my son would be placed on the at risk register regardless of why and who won. While in the process of moving schools I gained the caution.

 

After the events some teachers snarled, some looked away and some came and talked off the record.

 

You may say your case is different but! you have got to say why and how and because of his age a social worker will be there. I was trying to point out that you need to check before you do anything. But if your happy then ok Forget the advice