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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4492
Experience:  Owner at James Bruce Solicitors
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I have a question around schools and broken student

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I have a question around schools and broken student equipment done maliciously by another student
JA: Where are you? It matters because laws vary by location.
Customer: United Kingdom
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My son (11) who was being bullied by a girl (11) in his class is constantly having his school equipment turfed out of his pencil case, my son responds one day by doing what kids do and doing the exact same thing to the girls pencil case though this unfortunately breaks her calculator and now the school are trying to force us to pay for the damages on the equipment, where do we stand?

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Unfortunately, tit for tat is not a defence.

If your son turfed the girls pencil case onto the floor and any contents inside such as the calculator broke, then your son is liable for that damage and for the costs to replace the item. In fact, it is actually a criminal offence of criminal damage though recklessness.

If you son is being bullied at school you should make an official complaint to the head to deal with this and put a stop to the bullying.

Can I assist or clarify anything further?

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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Customer: replied 11 days ago.
If there anything we can do to counter the matter? We've only learned about the bullying by this incident and thus angry that my son is being blamed for what seems like a reaction from the bullying, it just does not seem fair.I know this is a very very very trivial matter, perhaps even laughable and its not even the replacement of the equipment which is the issue, its the matter that all blame is being pointed at my son it seems.If we were to refuse replacing the broken equipment on the grounds of the above, what steps could be taken by the school and how far could things go in worst case scenario?
Customer: replied 11 days ago.
Also thank you for looking into my little matter. Im sure its not exactly the type of legal advice you give on a common day!

Not at all, it is anything but a laughable matter, especially for your son who has been the victim of classroom bullying.

Unfortunately, there is nothing to counter. The bullying is a matter for the school to deal with, unless any physical contact has been made on your son. Then in that case it is an assault.

I would suggest agreeing to pay for the damaged item, after all, it was damaged by your sons actions, albeit in retaliation for being bullied. Although he did not intend to cause the damage, it was reckless, and that could mean if they chose to, report the damage to the police. Your son could also be suspended etc.

So agree to replace the calculator.

Then raise the mater with the head, demand a formal meeting to discuss the matter and why it happened and demand that the school take action to ensure the bullying stops. If any of your sons property has become damaged when they have tossed his case on the floor then make the head aware of that and ask that your sons damaged items are also replaced by those responsible.