Lets go back to what this charade began with and it was my husband giving my son a couple of smacks with an open hand around the side of his head as a result of the unacceptable behaviour of my son. My son had racially abused a young girl, spat in her face and was hitting her and pulled her jacket away from her and threw it on some scaffolding.
This type of punishment (a smack) is rarely used by us (and not something I personally condone), however in extreme circumstances it can prove to be the shock needed to curbe the offending behaviour and quite frankly my son's behaviour was offensive and illegal. The punishment he received must have served as a shock to my son (not really ever having a smack before) to go running around school the next day saying he had been beaten up.
Now as a defence my husband used the defence of reasonable corporal punishment. It failed, so below I have reproduced article 79 of the 2002 Children's Law (Jersey). This explains the limitation of the use of this defence:
79 Limitation of defence of reasonable corporal punishment
(1) Any defence of reasonable corporal punishment of a child shall only be available to a person who was at the time of the punishment –
(a) a person with parental responsibility for the child; or
(b) a person without parental responsibility for the child who –
(i) is the father or relative of the child;
(ii) had care of the child; and
(iii) had the consent of a person with parental responsibility for the child to administer such punishment.
(2) Any defence of reasonable corporal punishment of a child shall not be available if the punishment involved any means other than the use of a hand.
Bearing this in mind, it really does make me wonder if his lawyer knew the law. Maybe if we could have afforded a lawyer who was actually going to represent my husband, perhaps the outcome would have been different.
My current stance remains the result of needing the recognition of what actually happened, and the fact all that happened was just a couple of smacks, nothing more nothing less. We don't need any 'help' from them. Unless this happens, as my mum says, and I agree, my son would have my husband over a barrel and what do we do live on egg shells waiting for the next time he does something like this? What would the SS do then? I will not put my family in that position, I love them all too much.
The one question remaining with me is does my husband's actions justify the way we have been villified by Social Services?
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