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Bullying laws

  • 31-08-2015 3:50pm
    #1
    Registered Users, Registered Users 2 Posts: 9,023 ✭✭✭


    Hi,
    Just wondering, my son was recently hit by another child. I tried to resolve it with the parent, didn't get far.

    I am wondering does anyone have a link as to what laws are in place for young children hitting another?

    This is more out of curiosity as opposed to anything else.

    Also has there ever been a case where someone prosecuted when a young child was hit by another young child?

    Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    How young?


  • Registered Users, Registered Users 2 Posts: 9,023 ✭✭✭Tim Robbins


    endacl wrote: »
    How young?

    Both under 7.


  • Registered Users, Registered Users 2 Posts: 343 ✭✭easygoing1982


    Also has there ever been a case where someone prosecuted when a young child was hit by another young child?

    Seriously? Its called part of growing up


  • Registered Users, Registered Users 2 Posts: 9,023 ✭✭✭Tim Robbins


    Seriously? Its called part of growing up

    Sure it is. But what if it is deeply sinister and dangerous? As I said, this was more out of curiosity. If you don't know fair enough, but I am not looking for philosophical lecture just the legal facts.

    Thanks.


  • Registered Users, Registered Users 2 Posts: 122 ✭✭MrBobbyZ


    Was this a once off thing? As far as I'm aware there has to be a pattern of behaviour to be classed as bullying.


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  • Registered Users, Registered Users 2 Posts: 9,023 ✭✭✭Tim Robbins


    MrBobbyZ wrote: »
    Was this a once off thing? As far as I'm aware there has to be a pattern of behaviour to be classed as bullying.

    Pattern. Not just one victim either.

    Oh yeah, I am not saying there's a court case coming up, there won't be. I am just curious if anything has happened in this regard before.


  • Registered Users, Registered Users 2 Posts: 26,295 ✭✭✭✭Mrs OBumble


    Age of Criminal Responsibility
    On 16 October 2006, under the Children Act 2001, the age of criminal responsibility was effectively raised from 7 to 12 years. Under the new provisions, no child under the age of 12 years can be charged with an offence. An exception is made for 10 and 11 year-olds charged with very serious offences, such as unlawful killing, a rape offence or aggravated sexual assault. In addition, the Director of Public Prosecutions must give consent for any child under the age of 14 years to be charged.

    ref: http://www.dcya.gov.ie/docs/Age_of_Criminal_Responsibility/167.htm


    If the other kid is showing a pattern, assume it's learned behaviour and report the parents - more info here: http://www.citizensinformation.ie/en/birth_family_relationships/services_and_supports_for_children/child_abuse.html


  • Registered Users, Registered Users 2 Posts: 21,738 ✭✭✭✭Squidgy Black


    Sure it is. But what if it is deeply sinister and dangerous? As I said, this was more out of curiosity. If you don't know fair enough, but I am not looking for philosophical lecture just the legal facts.

    Thanks.

    You're hardly going to use legal action against a child under 7. If it's in school, say it to the teachers/principal, if the parents won't do anything about it then realistically there's nothing you can do.


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    Pattern. Not just one victim either.

    Oh yeah, I am not saying there's a court case coming up, there won't be. I am just curious if anything has happened in this regard before.

    When you say the parents are no help what do you mean?


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Where did this happen? If it's a school, it's the responsibility of the school authorities to keep the place safe. Talk to them about what is happening to your child. If it happened in your house, do not invite the offending child back; if in their house, do not let your child go there again.

    This isn't a criminal issue; no child under the age of 12 can be charged with an offence, and obviously nobody else can be charged with hitting your child, since nobody else hit him. Obviously there might be a child welfare issue, and even a criminal issue, if the child is being abused himself, and is acting out learned behaviour in hitting others, but it would be the abuse of that child that might give rise to criminal charges, not the consquent hitting of your child.

    And, I hasten to add, there is no reason to assume that the offending child is being abused; there's a whole variety of factors that can account for antisocial behaviour in children, and it may well be that his parents are carers are not in any way to blame. We don't know. We also don't know how his parents are attempting to manage the problem, or what success they may be having.

    But all this is beside the point; it relates to the legalities of this child's situation, and how he is being treated. You are concerned about the legalities of your child's situation. There is, basically, no law that can effectively prevent one seven-year-old from hitting another, and no law that automatically makes some adult responsible when this happens.


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  • Registered Users, Registered Users 2 Posts: 9,023 ✭✭✭Tim Robbins


    Peregrinus wrote: »
    But all this is beside the point; it relates to the legalities of this child's situation, and how he is being treated. You are concerned about the legalities of your child's situation. There is, basically, no law that can effectively prevent one seven-year-old from hitting another, and no law that automatically makes some adult responsible when this happens.

    Thanks. I think this answers the question, the thread can be closed.


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