Assault? ABH? GBH?

[Dr Jekyll]

The 15 year old son of a neighbor was beaten up by a classmate the same age, just after school hours but before leaving school grounds. He ended up with a hairline fracture of a leg and is going to have his lower leg in plaster for weeks.

The school want to deal with it internally, the victims father wants the police involved.

Would the police refer the assailant to CPS in those circumstances? What charge if any might be expected?

Would there be repercussions for the school if the case went to court?

[Derek Smith]

It depends who is looking at the case. From a police point of view it is probably GBH. CPS though would think of it more ABH.

Much depends on the circumstances as to whether it is best dealt with by the police. If it was horseplay that went wrong then they are unlikely to be interested. If it was a deliberate assault, whether or not serious injury was intended, then perhaps the school is not best placed to deal with the matter.

One question might be what way the injured person prefers, and perhaps why.

[paintman]

Injuries & possible charges in this thread.*
http://www.pistonheads.com/gassing/topic.asp?t=155...

As far as a complaint to the Police is concerned that's a matter for the parent/guardian of the child.
I have no idea what the involvement of the school would be.

• ETA Which I've just noticed was started by you.

Edited by paintman on Wednesday 15th March 10:02

[Dr Jekyll]

paintman said:

Injuries & possible charges in this thread.
http://www.pistonheads.com/gassing/topic.asp?t=155...

As far as a complaint to the Police is concerned that's a matter for the parent/guardian of the child.
I have no idea what the involvement of the school would be.

I'd forgotten all about that thread. That was just an academic enquiry prompted by a newspaper report, obviously broken limbs in fights are common in South Bucks.

[Bigends]

A broken or displaced bone would be recorded as S20 GBH if the parents wanted this recorded as a crime
Its entirely up to the parents whether or not they report to Police or leave the school to deal

[TwistingMyMelon]

If it was serious targeted assault I would go to police

A punch up with a few bruises is one thing, leg in plaster for weeks/months is another ...

[Durzel]

What have the school suggested as their way of handling it internally?

Surely expulsion has to be a serious consideration for a fight on school grounds resulting in broken bones?

[Greendubber]

I am amazed that the school would deal with a broken leg 'in house'

[andye30m3]

Durzel said:

Surely expulsion has to be a serious consideration for a fight on school grounds resulting in broken bones?

I think expulsion is generally the very last resort as I believe it will affect the offstead result.

[98elise]

I always ask myself what would I do if this was my wife, or my mother etc just going about their business. If it would be unacceptable for them to be beaten up then why would it be acceptable for a 15 year old child.

You are required by law to send your kids to school. You should be able to do so knowing that if they get assaulted then the law will apply.

[ED209]

Bigends said:

A broken or displaced bone would be recorded as S20 GBH if the parents wanted this recorded as a crime
Its entirely up to the parents whether or not they report to Police or leave the school to deal

Crime recording isn't really based on what anyone wants any more, pretty much everything gets recorded as a crime now if it is reported by anyone. The parents could choose that they didn't want it followed up but the crime would still stand.

[Bigends]

ED209 said:

Bigends said:

A broken or displaced bone would be recorded as S20 GBH if the parents wanted this recorded as a crime
Its entirely up to the parents whether or not they report to Police or leave the school to deal

Crime recording isn't really based on what anyone wants any more, pretty much everything gets recorded as a crime now if it is reported by anyone. The parents could choose that they didn't want it followed up but the crime would still stand.

If the parents ring to report and state theyre happy for the school to deal and aren't reporting the matter as a crime, then Police only record a non crime incident and file it. The parents can change their mind at any time if theyre unhappy with how the matter was dealt with and the Police then record a crime and deal. Or.. the parents report a crime from day 1 and it gets recorded.

[Rude-boy]

Greendubber said:

I am amazed that the school would deal with a broken leg 'in house'

In the early 1990's I know for certain that an arm which was broken in 2 places was dealt with in house.

Then again even the injured bully's parents thought he was a little and had warned him that one day one of his victims would pay him back with interest (according to his older brother).

[TooLateForAName]

Had there been any previous incidents?

I think that on the whole schools are piss poor at dealing with bullying. I'd be involving police and if there had been any previous at all then I'd also be making formal complaint to the school and to ofsted.

I get all the inclusion stuff but some kids (and their parents) do seem to play the system and get away with being total aresholes.

[JQ]

98elise said:

I always ask myself what would I do if this was my wife, or my mother etc just going about their business. If it would be unacceptable for them to be beaten up then why would it be acceptable for a 15 year old child.

You are required by law to send your kids to school. You should be able to do so knowing that if they get assaulted then the law will apply.

You are of course assuming that it wasn't the other party that was going about their business who broke the neighbour's son's leg whilst defending themself from being assaulted.

Without knowing the exact circumstances of the event I think it's difficult for anyone to pass judgement. Have the school explained to the neighbour the reason for wanting to keep it in house?

[Grunt Futtock]

andye30m3 said:

I think expulsion is generally the very last resort as I believe it will affect the offstead result.

It also costs the school anything up to £4k per pupil permanently excluded in a fine (it's not called a fine but that is what it is).

[98elise]

JQ said:

98elise said:

I always ask myself what would I do if this was my wife, or my mother etc just going about their business. If it would be unacceptable for them to be beaten up then why would it be acceptable for a 15 year old child.

You are required by law to send your kids to school. You should be able to do so knowing that if they get assaulted then the law will apply.

You are of course assuming that it wasn't the other party that was going about their business who broke the neighbour's son's leg whilst defending themself from being assaulted.

Without knowing the exact circumstances of the event I think it's difficult for anyone to pass judgement. Have the school explained to the neighbour the reason for wanting to keep it in house?

I haven't assumed anything, the curcumstances that lead to the injury are of course a factor, just like they would be outside of school. My point is that just because it happened on school grounds it doesn't mean its any less a crime.

[JQ]

98elise said:

JQ said:

98elise said:

I always ask myself what would I do if this was my wife, or my mother etc just going about their business. If it would be unacceptable for them to be beaten up then why would it be acceptable for a 15 year old child.

You are required by law to send your kids to school. You should be able to do so knowing that if they get assaulted then the law will apply.

You are of course assuming that it wasn't the other party that was going about their business who broke the neighbour's son's leg whilst defending themself from being assaulted.

Without knowing the exact circumstances of the event I think it's difficult for anyone to pass judgement. Have the school explained to the neighbour the reason for wanting to keep it in house?

I haven't assumed anything, the curcumstances that lead to the injury are of course a factor, just like they would be outside of school. My point is that just because it happened on school grounds it doesn't mean its any less a crime.

Reread you initial post in the context of what I've written. Are you seriously suggesting that you wife or mother would be criminals for defending themselves against an attacker? Fair enough if you are, personally I'd be quite proud of my mother if she put an attacker in hospital.

[InitialDave]

Greendubber said:

I am amazed that the school would deal with a broken leg 'in house'

Well, I suppose one of the art classes can probably manage a pretty effective cast with papier mache, and with less waiting time than A&E, too.

[HTP99]

Greendubber said:

I am amazed that the school would deal with a broken leg 'in house'

I'm not, schools are all about keeping bullying and this sort of thing as hush hush as possible, all they care about is their reputation; deal with it in house and they control what goes on, involve the police and it is a completely different matter and the wider public will find out about it, thus potentially damaging the schools reputation.