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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 81919
Experience:  Over 15 years in practice
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My granddaughter was assaulted in school in may there have

Customer Question

My granddaughter was assaulted in school in may there have been several incidents of bullying and even a sexual assault on her in sept she is now terrified as the other girl is back in the school already threatened her that she’s going to batter her again and it’s not the first time this girl has been violent in the school
JA: Where is she? It matters because laws vary by location.
Customer: Brighton Dorothy stringer school
JA: What steps has she taken so far?
Customer: the incident was 26th may my granddaughter was taken to hospital the girl was escorted off the premises and excluded for 2 weeks
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: dont know if her injuries are relevant concussion black eye bruising to the back of head lump at back of head bruising to right hand
Submitted: 14 days ago.
Category: Law
Expert:  Jo C. replied 14 days ago.
Thank you for the question. It is my pleasure to assist you with this today. I am a barrister with over 15 years experience.
Expert:  Jo C. replied 14 days ago.

What can I do for you?

Customer: replied 14 days ago.
I need to try and get my granddaughter back into school but she will not go back as she is terrified of being attacked again is it right that this girl is free to be back when my granddaughter is terrified
Expert:  Jo C. replied 14 days ago.

Thank you.

I am sorry but I cannot give you good news. I'm afraid you are in difficulty here.

I have to tell you the truth.

It is fair to say that it is pretty difficult to exclude a pupil permanently.

They have an obligation to educate pupils and they prosecute parents for not sending them so its not easy to escape.

Realistically, they would normally temporarily exclude if they found the allegation proven but they cannot permanently exclude without extensive procedures that it sounds as though they haven’t yet done.

Im really sorry but that is the position.

I am sorry but I have to tell you the truth.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.

The ultimate decision comes from a county court judge in a civil case or from the magistrate in a criminal case heard in the magistrates court or the jury in Crown Court.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Jo

Customer: replied 14 days ago.
I have no legal rights even though they have cctv of the attack and it was entirely unprovoked
Expert:  Jo C. replied 14 days ago.
You have lots of legal rights.

But not to demand the exclusion of another pupil that the State have an obligation to educate

Customer: replied 14 days ago.
Is there any case of failure to protect by the school
Expert:  Jo C. replied 14 days ago.

Not really at this stage.

If there are further incidents then possibly but it depends what steps they have taken.

Excluding permanently is a difficult step.

Customer: replied 14 days ago.
Ok ty just this is the culmination of bullying over the last 3 years
Expert:  Jo C. replied 14 days ago.

Yes, I understand

Expert:  Jo C. replied 13 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer, and of course me, with your legal problem.

If you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JoC

Thanks again,