AboutBruce Fyfe Expertise Scottish Criminal Law - any area. NOT IMMIGRATION ISSUES. I am a serving, operational Police Officer with 25 years` service. As well as my own knowledge and training, I can draw on many other resources in the Scottish criminal justice system and welcome the challenge.
NB Scottish, not English; criminal, not civil or immigration;
Expert: Bruce Fyfe Date: 1/31/2001 Subject: Harrassment and others?
Question My daughter is 11 years old and she has been getting harassed by a 12 year old daughter who the Police says she need physcriatric help.
She harrasses anyone and everyone, I could easy get 30-40 people who she has harrassed since primary 2.
Our daughter has been bullied and harrassed since primary 2, the school has a file on Vicki and they still do nothing they talk to vicki and her mother but it does no good.
Vicki has also kicked the headmaster, harrassed children and teachers, many more children get harrassed and beaten up, we have always told our daughter to walk away.
Verbal abuse
She told us that we are not allowed to wash our car at our front door.
in Primary 3 our daughter was dragged across a main road by Vicki, her face was cut, the inside of her mouth torn.
Vicki bullys a lot of children at school as does her mother, she was caught giving our daughter verbal abuse at school by the headmistress.
The head mistress spoke to her, but Nothing was registering in Vicki's mother head, she ignores everyone.
The Police is never away from their door, the Police know what type of people they are, but say there hands are tied and they only have limited resources on what they can do.
my neighbour has charged Vicki's Mother for assualt on her son who is 12 years old, and still nothing is being done.
Last year my daughter was leaving school and coming towards the car and this girl Vicki started to do the same again and she was hitting my daughter, The headmistress of her school saw eveything thing that went on and vicki swore blue that it was my daughter that started it
I blew a gasket and stormed into the school, the headmistress said she could do nothing but expel her from the school
A lot of Neighbours have also had harassement from Vicki and her Mother (talk about child from hell)
Today was the cake, we got a solicitors letter saying that our daughter was harrassing Vicki on 23 rd of december which is a pack of lies
we are at our wicks-end and need to something, we have not done anything before, but it has to be done now, this is getting out of hand
thanks for taking the time to read this letter, I look forward to your reply
Brian
Answer Only part of the circumstances you describe would be criminal - the rest would be civil. Part of both would be the responsibility of the school.
Although I understand how upset you are about this, you have
to understand/accept a few facts.
Education system
Schools must have and make available to you a written policy on how they handle bullying.
Schools will not deal with matters which occur outwith school grounds and/or hours.
If a child assaults a teacher, it is (nowadays) very likely to be reported to the Police.
Civil law
The standard of proof in civil law is the balance of probability.
Solicitor's letters are often used as an initial means of ‘frightening' someone into taking or stopping a particular course of action.
Criminal law
The standard of proof in criminal law is beyond reasonable doubt.
Normally, the criminal process would only be enacted regarding historical incidents for serious matters.
Corroboration is required - two separate and independent sources - to confirm that a fact is a fact. ‘Knowing' something or someone's character isn't enough.
Persons under 16 are only prosecuted for serious crime and will otherwise be reported to the Children's (Local Authority) Reporter who will decide if the child (and parents) should be dealt with at a Children's Hearing.
Practicality
Problems involving children always become worse when adults get involved. That is partly because children exaggerate some things and miss out others.
Possible courses of action
Make sure that the head teacher is aware of the history and insist on seeing the school's bullying policy which should then be applied. This might include moving one or the other child to another class.
You don't make it clear, but if your child was expelled, you need to appeal to the education department.
ASBO (anti-social behaviour order) - a court civil order with potential criminal consequences. Ask a solicitor.
An interim interdict - similar to above, but (normally) without any criminal consequences. Again, speak to a solicitor.
Note (mentally or otherwise) any witness details -preferably independent persons - to any future incidents outwith school (eg being dragged across the road, resulting in injury), document any injuries (polaroid camera/video)
and report it to the Police (if possible, to the same local community PC).
I would strongly suggest that you consult your local Citizens Advice Bureau.
They are very busy as they are virtually all volunteers, with very little support, but they will be helpful. You have to call in person (they do have occasional times when you can phone them, but you'll be lucky to get through) and you should reckon on waiting for an hour or two,
but be patient. They can advise on different matters (ASBOs etc) or on a course of action, let you consult a solicitor, write a letter (on their headed notepaper) for you or arrange a solicitor's letter.
They have a website at "http://www.cas.org.uk"
You must continue to give the same advice to your child i.e. to walk away, but you must follow that advice yourself and keep cool - as difficult as that can sometimes be. The alternative will surely be proceedings of some sort against you yourself - an obvious result for the other party.
