Can a child sue others child’s parent for assault by their little darling?

Winnie1

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Ongoing bullying issue. Have finally caught them on cctv assaulting my son - can we go after the parents for compensation for my son.
Don’t even care about the money - we’ll give it away. Sick of dealing with parents who don’t give a damn what their kids do and guards who have to give them 47 chances!
 
Not immediate medical treatment - im sure it will present itself as a mental health issue in years to come given he’s endured years of humiliation, isolation, exclusion, assault, theft, and intimidation. He’s started in a new school this year and they’ve come after him again.
The spotted him out with a new group of friends - banged the jungle drums and 20 appeared out of thin air to hold him captive for half an hour terrorising him and assaulting him. Do kids have any legal rights?? Can I get a batting order, protective order etc for my son or are children left to endure?
 
the CCTV may be inadmissible if not collected properly.
Have you shown it to the guards?
 
Not yet it’s a precessional set up and very good quality. But sure the kids laugh at the guards and wear it as a badge of honour. Guards have been before and lads still out running amok
 
You need to ask yourself what do you want to achieve.

Your child has, thankfully, not suffered an injury or required treatment. This is not to take away from the terror of bullying and the impact it has. But compensation for financial loss cannot be established clearly and you also don't know the liklihood of getting any actual payment from the other child's family.

I think what you, naturally, want is to protect your child.

Will injunctions work? Can you identify the children and their addresses? Injunctions are only of value if they can be enforced and you don't appear to have confidence in your local Garda?
 
Thanks for your reply. I want the boys to leave my son alone. It’s not the guards fault, their hands appear to be tied. I’ll have a look into injunctions thank you. My son doesn’t want us to do anything as he thinks it will make things worse - but things are getting worse each time anyway.
 
the CCTV may be inadmissible if not collected properly.
Have you shown it to the guards?
OP, my question about showing to the guards is to see if they think it its admissible.
You might want to read this.

Its a mine field from the privacy rights of the perp perspective
 
If you are unafraid of the consequences and do not mind publicity and a bit of work:

Link at end
Summons issued following complaints from private individuals

Summons issued under the Petty Sessions (Ireland) Act 1851 are used in private prosecutions, for example, where people are having difficulty with their neighbours.
The complainant goes before a District Court judge and makes the complaint either orally or in writing. The judge decides if the complainant needs to make the complaint under oath.
The complainant should provide the following information:
  • The name and address of the alleged offender
  • The name and address of the complainant
  • The basic facts of the alleged offence, including when it is alleged to have taken place
  • The piece of legislation which applies to the offence, if possible
The judge reviews this information and decides if it justifies a summons. If the judge issues a summons the alleged offender will have to appear at a sitting of the court. This process is rarely used by the Gardaí.



 
You can take civil legal action against the parents of minors but it’s not an easy route. You’d be better served challenging the decision not to prosecute in my view. Your best bet is the criminal law route.

Make sure you keep a record of all communications with the Gardai, make them aware of your unhappiness about lack of action and make them aware of your record keeping (confirmation by email/ letter). All in writing. I cannot emphasise this enough. I would this by creating a record of the events, including historical events (whether or not reported), reports made to the Gardai and the impacts on your son. Physical bullying is technically a battery, verbal is an assault. Don’t be afraid to make the Gardai aware of this. I’d also ask a solicitor to write to the Gardai on your behalf.

Talk to your community liaison Garda too.
Good luck. Your poor son. And poor you. You are doing your best for him.
 
Have you actually talked to these children's parents? What did they say?
I know if I found out my child was a bully I would deal with it straight away. Is it possible their parents don't know.

If you have spoken with them and they're not interested in resolving it tell them you will be going down the legal route if it happens once more.

If you really want to pursue it you will need to make it clear to the guards that you want them charged with assault and or other charges.
If you go down this route then you will have to convince your son to give evidence in court.

If you just casually make the guards aware of it nothing will happen. They'll just fob you off.
 
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Ongoing bullying issue. Have finally caught them on cctv assaulting my son - can we go after the parents for compensation for my son.
Don’t even care about the money - we’ll give it away. Sick of dealing with parents who don’t give a damn what their kids do and guards who have to give them 47 chances!
Horrible situation. The impact of that sort of bullying can be live changing. The sense of powerlessness is overwhelming.
 
Sorry to hear what your son and you have been going through. Have these kids been bullying anyone else around? Are the parents of these kids generally difficult to other neighbours? If so, you might be able to group together with other neighbours and submit several reports to gardai and community gardai officer. There is strength in numbers. Also just encourage your son to protect himself when outside. He may have to do what he has to do to protect his mind and body. This way he will not feel as disempowered. I know that David Coleman (child psycholgist) encourages this especially for those kids who keep bullying another child. Role play is good too. Show your child some appropriate sportsmen protecting themsevles on the field/pitch when getting physically attacked in a game. You will notice they rarely walk away without protecting themselves first. However if there is a group of kids and he is on his own I would not let him outside and if possible consider moving house unless the bully's parents are reasonable and are open to a conversation.
 
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Bullying has an awful effect on the victim. I would suggest as you've already spoken to the Gardai that a visit to the parents of the ringleaders would be worthwhile. Go there in a cool calm manner and explain what has been happening and ask them to speak to their children so that this can stop. I'd do this regardless of whether they're reasonable people or not. Keep calm.If after initial contact it doesnt stop go back again and in the same courteous manner say it all again, and that it hasn't stopped. Finally say that if it continues you'll be forced to contact social services as there must be something wrong with a child who behaves in that way. Youd prefer not to of course but would feel obliged to. All done very sweetly of course. Might just do the TRICK. No one wants a complaint to social services.
 
Bullying has an awful effect on the victim. I would suggest as you've already spoken to the Gardai that a visit to the parents of the ringleaders would be worthwhile. Go there in a cool calm manner and explain what has been happening and ask them to speak to their children so that this can stop. I'd do this regardless of whether they're reasonable people or not. Keep calm.If after initial contact it doesnt stop go back again and in the same courteous manner say it all again, and that it hasn't stopped. Finally say that if it continues you'll be forced to contact social services as there must be something wrong with a child who behaves in that way. Youd prefer not to of course but would feel obliged to. All done very sweetly of course. Might just do the TRICK. No one wants a complaint to social services.

HiDireTrouble1234,

Sorry to say I would totally disagree with a few of your points as I feel it could turn nasty.

I don't think a visit to the parents is a good idea at all.

Telling the parents of the main culprit 'that there must be something wrong with a child who behaves in that way' will only wind them up further. Don't forget the expression, monkey see, monkey do, probably wouldn't be too far off the mark here and these children may well have learnt their behaviour from their parents.
 
HiDireTrouble1234,

Sorry to say I would totally disagree with a few of your points as I feel it could turn nasty.

I don't think a visit to the parents is a good idea at all.

Telling the parents of the main culprit 'that there must be something wrong with a child who behaves in that way' will only wind them up further. Don't forget the expression, monkey see, monkey do, probably wouldn't be too far off the mark here and these children may well have learnt their behaviour from their parents.
Totally agree.
 
Your family solicitor will be able to advise you on this but I can't can't see any reason if you can prove that it happened and that your child suffered a personal injury (physical or mental) due to the assault. There was a case last week of a family suing their child's granny in relation to a dog attack that left horrific injuries. Might be of interest.
Although the civil action names the grandmother as the owner, it is the house insurance liability cover that is the point of the action.

The injuries to the child and medical costs were clear and definable.

I'm not certain that is the case with the OP.
 
Your family solicitor will be able to advise you on this but I can't can't see any reason if you can prove that it happened and that your child suffered a personal injury (physical or mental) due to the assault. There was a case last week of a family suing their child's granny in relation to a dog attack that left horrific injuries. Might be of interest.
That website is so depressing, the spurious claims being settled left, right and centre. Is it any wonder our insurance costs are so high.
 
Had a similar situation where the father Egged on the kids . On seeing one of his sons give my lad a serious kick to the stomach I said to the kid not to do that again, the father verbally abused me , his thing was “ sure it’s only kids playing “ guards have to allow numerous “chances”as they are bound by regulations to do so. I sold up , peace of mind , worth it.
mess never going to end ... jaded huge problems for everyone living in the road.
drastic I know , life is short and peace of mind and stress free . Was worth it , never looked back
 
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