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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70207
Experience:  Over 5 years in practice
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MY GRANDSON OF THIRTEEN HAD AN INCIDENT IN APRIL WHICH HAS

Customer Question

MY GRANDSON OF THIRTEEN HAD AN INCIDENT IN APRIL WHICH HAS MEANT HE HAS A BAIL ORDER UNTIL THE POLICE DECIDE WHAT TO DO WITH THE SITUATION.
SINCE THE 20TH APRIL 2014 HE HAS NOT ATTENDED NORMAL SCHOOL LESSONS. THE POLICE AND THE SOCIAL SERVICES AGREE HE SHOULD BE AT SCHOOL, BUT HIS SCHOOL APPEAR TO BE DOING NOTHING TO GET HIM BACK INTO FULL TIME EDUCATION.
HE IS NOT VIOLENT AND IS NO THREAT TO ANYBODY.
THERE IS NOTHING IN WRITING AS TO WHY THE SCHOOL WON'T HAVE HIM BACK. PLEASE COULD YOU TELL ME HOW DO I GO ABOUT APPEALING AGAINST THIS SITUATION.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What is the school's reason for this?

Was the incident at school?
Customer: replied 3 years ago.

THE SCHOOL SAYS IT IS BECAUSE OF THE BAIL CONDITIONS WHICH ARE:


 


"NO CONTACT DIRECTLY OR INDIRECTLY WITH ANY CHILD UNDER THE AGE OF 11 YEARS"


 


AND


 


"NO UNSUPERVISED CONTACT WITH ANY CHILD UNDER THE AGE OF 18 YEARS.


 


THE INCIDENT DID NOT HAPPEN AT SCHOOL.

Expert:  Jo C. replied 3 years ago.
That is all I need to know.

In that case, I'm afraid I'm not sure the school are the right target. Those bail conditions do prevent him attending school. He cannot be in mainstream education and be permanetly supervised with everybody under the age of 18. The bail conditions do not directly disallow him from attending school but clearly its not practical.

If you want to vary that then you really should be applying to the police to vary his bail or appealing to the Magistrates Court.

Can I clarify anything for you?

Jo
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

MY HUSBAND WAS AT THE BAIL HEARING AND SAYS THE POLICE OFFICER SPECIFICALLY SAID THAT THE BAIL CONDITIONS ARE SET SO THAT HE CAN ATTEND SCHOOL, WHICH IS A SUPERVISED ENVIRONMENT.


 


WE ASSUMED UNSUPERVISED WOULD MEAN SITUATIONS LIKE PLAYING OUT OR IN THE STREET. (JUST AN EXAMPLE)!!

Expert:  Jo C. replied 3 years ago.
Well, that may well be what he meant but its not what the bail conditions say.

If thats what he meant then he needs to get it varied so that its clearer.

If the court still thinks its suitable then it needs to write to the school making it clear.
Customer: replied 3 years ago.

APPARENTLY THE POLICE FROM CAMBERWELL SENT AN EMAIL TO THE SCHOOL STATING THAT HE SHOULD BE ATTENDING SCHOOL AS NORMAL.


NEITHER MYSELF OR THE SOCIAL SERVICES OFFICER HAVE SEEN A COPY OF THE EMAIL, BUT WE WERE LED T O BELIEVE THE EMAIL WAS QUITE FIRM, BUT THE SCHOOL HAVE TAKEN NO NOTICE.


ALSO THE SOCIAL SERVICES OFFICER RANG THE POLICE AND ASKED IF THEY WOULD AMEND/ALTER THE BAIL CONDITIONS AND THEY REFUSED.


THE SOLICITOR WHO WAS AT THE BAIL HEARING SAYS IT IS THE SCHOOL WHO ARE BEING DIFFICULT.


WE HAVE SENT A LETTER TO THE SCHOOL ASKING FOR WRITTEN REASONS AS TO WHY HE CANNOT ATTEND AND SAYING WE WOULD LIKE A MEETING WITH THEM, ALSO I AM IN THE PROCESS OF SENDING ONE TO THE CUSTODY OFFICER AT THE POLICE STATION REQUESTING THAT THEY MAKE A PROVISO ON THE BAIL STATEMENT STATING HE CAN ATTEND SCHOOL.


THAT IS WHERE WE ARE NOW. ALTHOUGH I DON'T HOLD OUT MUCH HOPE AS SOCIAL SERVICES DIDN'T HAVE ANY LUCK.


 


ALSO I DID RATE YOUR ANSWER JO, BUT UPON RECEIVING A REQUEST TO DO SO AGAIN, WHEN I ATTEMPTED TO DO SO A MESSAGE CAME UP SAYING THAT EVERY TIME I RATE YOUR ANSWERS I WILL BE CHARGED ANOTHER FEE, SO LEFT IT AT THAT.


 

Expert:  Jo C. replied 3 years ago.
Forget the police. This is a court bail condition. The court is the issue.

The school are probably being difficult but that isn't actually unlawful.

If there is concern about the bail conditions then there needs to be an application to court to vary bail to allow school attendances.

It seems to me that it should be simple enough. If the court intended that he go to school then they need to vary the conditions of bail so that its clear that he can.

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