Have they treated him fairly?

[stepmom]

My 15 yr old stepson has been charged with Criminal Damage. He is in a foster home (through no fault of his own) and his foster parent has been in the habit of locking him in/locking him out (my husband and I are taking her treatment of him through complaints process). He was locked in her house and used a window as an escape route. He pushed the window too wide and the hinge bent and wouldn't shut properly.
He admitted straight away what he had done.
She reported this as criminal damage and he was taken to the police station. He gave his statement to the police, but his foster carer had given a statement saying that he had broken into the house. The police told him that they had forensic evidence and witnesses to prove this. He has stuck to his story. I believe him. He is pleading not guilty. If the police have no forensic evidence or witnesses (I don't believe they have either) can they be held to account?

[Joe_the_Lion]

Broken in to what house??? The house he was living in? I am confused.

Was the foster carers administered through Social Services? If so, I would contact the duty team and request she is struck off the list.

Although there may be a case for criminal damage, it is my understanding they are not allowed to lock anybody in, even if a full care order is granted. Also, they should be a little more tolerant. Fair enough if he trashed the place, throw the book at him, but a little kink on a window hinge? Hardly in the public interest is it?

Regarding the police, held to account for what??

Pleading not guilty but has admitted it straight away??

Sorry to sound pendantic, but the story is a little vague

[stepmom]

Hi, thanks for response, we are bewildered also!

Let me try to answer your questions and expand

Yes, it was the house he was living in.

The carer was from an Agency. An investigation has been launched following our formal complaint.

If damage wasn�t intentional or reckless, then it isn�t Criminal Damage. Hence the Not Guilty plea. His intention was to leave the house - not to damage the window. By the way, he admitted the damage before it was found and even offered to pay!

We were�nt with him when he was interviewed by the police. His Social Worker didn't inform us (don't even go there - that is to do with my husband not being married to the child's mother and therefore not having legal parental responsibility - despite the fact that the mother has no interest in him). They didn't even tell us about the incident until 2 days before Court date.

We got to Court, where we heard full story from our boy. Apparently, the police tried to co-erce him into changing his story to say that he broke in rather than out. Damage would then look intentional, I guess. Perhaps they need to hit there quota of convictions Who knows?.

They claimed they had Forensic Evidence and Witnesses. They told him it would be better for him if he agreed and pleaded Guilty. Even his Social Worker advised him to plead Guilty "just to get it all over with a slap on the wrists". Vulnerable and scared, he was planning to do this. His Social Worker had arranged to take him to the Youth Court to arrange this.

We persuaded him to explain everything to the Duty Solicitor and take his advice. The police statement contained reference to witnesses and forensics but no ref to documents to the surprise of the Solicitor. Even he could not understand why the case had been brought.

If there isn't any evidence, then the police have lied in order to intimidate a

[Joe_the_Lion]

I would also ask why the social worker did not ask for a solicitor. It is ultimately the defendants choice, but can certainly be asked for by the social worker or "appropriate adult". It is not there job to legally advise. There role is to make sure the junvenile (your son) is aware of his rights and will convey to him in such a way that he understands.

I assume your son was interviewed, either on tape, video or contemporaneously (written).

Do the Police mention this evidence anywhere on the interview? Get a solicitor now, it will be free. He or she will obtain a full copy of the police interview under disclosure.

Forget forensic evidence, your sons DNA or fingerprints will naturally be on the window anyway. As for witnesses, then this will be disclosed to the solicitor as well (not compulsory, but likely)

Even if "breaking in" as you believe the police were after, I fail to see how criminal damage would apply if at that time it was your sons abode.

Very odd.

All I will say, and please do not take this the wrong way, is are you sure your son is 100 percent with the truth? Mnay parents only see the sun shine out of their kids bum and fail to see any bad. Kids, especially when backed in to a corner will lie more convincingly than a politician.

However, if you are sure, there seems to be a few abuses of process from both the police and social services.

What a waste of public money.

Good luck with the boy. If what you say is right, he sounds a good kid.

[stepmom]

Thanks Joe_the_Lion, I'll take your advice.

I can't be 100% sure that he is telling the whole truth, of course - but I am inclined to give him the benefit. I've never found him out in a lie in the 10 years that I've known him, even if the truth gets him into trouble. Anyway, I think someone has to be on his side, don't you?

Thanks again for taking time to respond.