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The right to defend yourself.

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2 hours ago, woodview said:

If I were you, you should be speaking to the school and Police about it.

It is very unlikely that the school will do anything about it if it happened outside the school.

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36 minutes ago, apelike said:

It is very unlikely that the school will do anything about it if it happened outside the school.

True. I don't know where it happened, but his daughter has been assaulted. So either or both of them needs to be involved, depending.

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21 hours ago, woodview said:

In post #19 after he had clarified the circumstances you said:

Hitting them back is not self defence, that's revenge.

So, not such a 'wild conclusion' ????

Anyway, I cba getting into a squabble with you again. Obviously you are never wrong in any way about anything, so obviously you'll reply to confirm you were right, but I won't be continuing with replying.

And as he described it in the OP that's still correct.

"The victim then uses (in my opinion) reasonable force and hits the attacker back once and only once then walks away."
No mention of a risk of ongoing assault and the implication is that the hitting back is not required in order to defend themself.  Which is exactly why the OP clarified after quite a few people said exactly the same as me.

Edited by Cyclone

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Thanks for your replies and advice. I followed the advice of contacting the police regarding the assault. I also attended parents evening yesterday where I was shocked to find not only is my daughter regularly bullied by the same group of boys but the school is also doing Jack to stop it. This is a girl who has had a very difficult couple of years and also has to live with learning difficulties which make every day life more trying. Its funny, on the rare occasion my daughter has misbehaved in school they have phoned my faster than a greyhound out of the traps yet when she is being bullied, harassed and assaulted they seem to forget my phone number.

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Speaking from experience many years ago...

 

I had a guy jump out on me with a knife on Bakers Hill round by the old post office when I was at Uni many years ago. Parked the bike up climbed the steps and there he was. I just smacked him hard with my crash helmet and he went down the stairs out cold.

 

Police were vastly disintered in charging me with anything. AS they said at the time if you had an honest belief there was an immediate threat of violence to you, you may take whatever steps are reasonable in the circumstances to stop that violence. If I'd killed him, they said they'd still not be doing anything about it. The stories you hear about people being charged usually have more going on your dont know about.

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1 minute ago, Obelix said:

Speaking from experience many years ago...

 

I had a guy jump out on me with a knife on Bakers Hill round by the old post office when I was at Uni many years ago. Parked the bike up climbed the steps and there he was. I just smacked him hard with my crash helmet and he went down the stairs out cold.

 

Police were vastly disintered in charging me with anything. AS they said at the time if you had an honest belief there was an immediate threat of violence to you, you may take whatever steps are reasonable in the circumstances to stop that violence. If I'd killed him, they said they'd still not be doing anything about it. The stories you hear about people being charged usually have more going on your dont know about.

Quite right, that's pretty much what the law allows.  Reasonable force based on your belief of the threat.  Someone with a knife is more than capable of killing you, so a pre-emptive defence with an object is perfectly reasonable, and if they die from that single blow then it was still reasonable force.  The police would probably pass the case to the CPS I suspect though, not just decide for themselves that it's okay (if someone actually died).

 

K1Machine - can you escalate the issue to the board of govenors?  Perhaps with the support of the other parents whose children are experiencing bullying?

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27 minutes ago, Cyclone said:

 

 

K1Machine - can you escalate the issue to the board of govenors?  Perhaps with the support of the other parents whose children are experiencing bullying?

Ive just spoken to the school and ask for the following contact emails

Head of school, Year head, Head of safeguarding, Governors. I wont let this lie. My little girl has been suffering in silence for a while now and the School will be held to account.

I dont often cry or get emotional but im not ashamed to say this whole mess has gotten me more upset than I have been in a long time. How on earth my daughter has remained strong for all this time amazes me,

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4 hours ago, K1Machine said:

Thanks for your replies and advice. I followed the advice of contacting the police regarding the assault. 

One thing you have not stated is where this all took place? If it was outside the school premises then the school has no say in dealing with what happened however unfortunate that may be. If it was in the school boundary then they have a duty.

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Quote

Bullying outside school. Head teachers have the legal power to make sure pupils behave outside of school premises (state schools only). This includes bullyingthat happens anywhere off the school premises, for example on public transport or in a town centre.

 

https://www.gov.uk/bullying-at-school/bullying-outside-school

Edited by Cyclone

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2 hours ago, apelike said:

Now try and find out exactly what that legal power is as it seems to be mainly policy based.

 

 

Schools have a duty of care to children that extends beyond the school gates, I don't think they need a specific legal power to support that.

 

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1 hour ago, Halibut said:

Schools have a duty of care to children that extends beyond the school gates, I don't think they need a specific legal power to support that.

 

Oh I understand that and I believe it has to do with the Education act but it seems to be something that is not very well defined and more up to the discretion of the school as to whether they get involved. From personal experience of having to deal with a similar case the school said there was nothing they would do in that instance, hence my previous reply 32.

 

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