How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69378
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My son has been involved in an incident at school where as

Customer Question

My son has been involved in an incident at school where as a prank a drawing pin was placed in a biscuit of a teacher. (He did not do the act but knew it had been done) He was questioned by staff and provided two statements saying that he did not see who did the act. On the third occasion the head teacher told him that he would be in more trouble if he did not name the person involved. What right have the school to obtain a statement from a 14 year old child without parental consent? Would the actions of the head teacher be classed as coercion?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think it may?
Customer: replied 1 year ago.
Yes, within criminal investigation a statement cannot be taken from a child without a parent or appropriate adult being present. In relation to coercion, the reason why an adult should be present is to protect the well being of the child and I would suggest prevent such actions as a person with authority pressurising a minor to provide the evidence they want to hear. Not necessarily what the child saw.
Expert:  Jo C. replied 1 year ago.
Yes, but that is with a criminal investigation.
A breach of that particular piece of legislation wouldn't amount to coercion though. It would just amount to a breach.
This is a school investigation where the protections of PACE and RIPA don't apply largely because they cannot levy criminal sanctions.
This is perfectly acceptable on the part of the school.
Also, to be wholly honest, I was a police station rep for year before I went to the Bar and most 14 year olds are perfectly capable of coping without an appropriate adult who usually either sit quietly and contribute nothing or actively make things worse.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
When you say it would amount to a breach, a breach of what. Should the parent of the child not have the right to be present before the child was asked to provide a statement. The allegation the school has made against the other child is of assault, so although the school investigation is under behaviour policy, should consideration not be given to any legislation or department of education policy.
Expert:  Jo C. replied 1 year ago.
PACE.
No, the parent has no rights at all. Under the criminal law it is the right of the child.
No, the school has to give no consideration at all to PACE or other irrelevant legislation.
To be wholly honest, it wouldn't make any sense at all if a parent had to attend the school every time a child was asked to provide input upon an act under investigation.
It would actually be much better for juveniles if schools did deal with things like assault instead of calling the police.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions