14-year-old son

[Consumercarl]

Good Afternoon All,

I need some advice please. In short; My 14-Year-Old son has had to undergo corrective surgery following an orchestrated and racially motivated attack organised by more than 3 people. Prior to the attack he received racial comments on Instagram some 2 weeks prior to the attack. He has not left the house since February (Yes Covid-19) but more so becuase he is now terrified. This was reported to police however they have denied him all of his Victims Rights to provide a full statement (this is a seperate ongoing issue now withe the Parlimentary Ombudsman.
I have been forced to start a Private Prosection.
Now in order to submit an "information" (Charge sheet) to the court I require the full name and addresses of those involved. The police retain this information. I made a request to police to provide me with this information however they advise that I would require a court order for the release of such. I have emailed the courts several times and they say they need "details of legislation relying on to make application". I have looked and searched until the early morning hours and I am lost.
As a father it is my duty to bring Justice for my son, or at least try my hardest, I feel I am letting him down and he is being lost in a world of upset and torment. He has the full support of his peers and is a very good student, he has never caused harm to anyone, he has just been singled out by persons living close. Other comments posted on social media by one of those who orchestrated the attack said "I dont like ***", and was questioned by many, they only response was "lots of reasons".

Anyone who would be kind enough to advise? Which court Order to obtain 3rd party Information from Police? I personally would have thought the courts would have been more helpful?

Many Thanks

[Manxman]

I think your chances of successfully bringing a private criminal prosecution if you don't know what you are doing are approaching zero.

Your time might be better spent asking the police to justify their decision to take no action*. If you don't already know the answer to this you need to find out pretty quickly. If you are unhappy with their reasons you need to check your local constabulary's website to find out what their formal complaints procedure is. Follow it. Personally I think it would do no harm also to write to your local Chief Constable (with a copy to your local elected Police and Crime Commissioner) complaining about the police's inaction. If you get no satisfaction follow up with the IPCC - or whatever they are now called.**

I would also seek advice from Citizens Advice and see if I could get any "free" legal advice anywhere. Some firms of solicitors will offer 30 minutes free legal advice and if you live near a university with a law department, they will sometimes offer free advice. I think you need it

*If your son required "corrective surgery" after a racially motivated attack inflicted by more than three people, I find it incredible that the police are taking no action. Is there more to this than you are revealing?


**You talk about having an ongoing complaint with the Parliamentary Ombudsman. Why? They don't have any responsibility for how the police conduct themselves, do they? (EDIT: The people you need to be complaining to are now called the Independent Office of Police Conduct: http://www.ipcc.gov.uk/complaints-reviews-and-appeals )

[Consumercarl]

I am currently in the process of completing and uploading a video to youtube also more information will be made avaiable on my website when I have finished uploading files.
The reason why it is now with the Parlimentary Ombudsman is because the Police refused my sons entitlements under the Victims Rights. I have also raised concerns with West Mercia and asked them to apply the "Victim's Right to Review". The reason the police have taken no action is because the defendants are under 18. The actual crimes committed in this attack:

1, Crime and Disorder Act 1998 / Section 28/29
2, Section 18 GBH Offences Against the Person Act 1861
3, Section 45 serious crime act 2015

These are serious charges.

However, the OIC (Officer in Charge) explained in her home visit to take a "brief" statement frommy son that it had been crimed as GBH Section 20. This "brief" statement was the start process to an ABE (Achiving Best Evidence). In the ABE my son was told he would be able to provide "as much information as he liked" and could go into detail of the way in which this crime had been orchestrated and carried out, however the Inspector who took over the complaint denied my son his ABE stating Covid-19, therefore my son was never able to provide a full statement to police or in fact even provide evidence. I retain the telephone call recording which I made with the Inspector who said "Why do you want a solicitor", I explained it was in my sons best interest to provide a detailed account and that this would ensure it was documented correctly, the Inspector then said "if thats how you want to play".

So in short, police acted on a few jotted notes taken by the OIC in the home visit. I should add that I also recorded this. All will be made available shortly.

There is the Outcome = "Review" of my complaint which was completed by Assistant Chief Executive West Mercia Police and Crime Commissioner, who makes recomendations, this and other information can be reviewed on my website.

Now, for 2 weeks I have been requesting advice from the courts as to which court order I would need to complete for disclosure of all information and material obtained by police in their "investigation". No help at all, why? because they say "we have never dealt with something like this before". Police referred me to their Civil Disclosure Unit, and stated that I would need a court order to obtain 3rd Party Information, this is wrong, this is to obtain disclosure in criminal proceedings. This is not a private prosection for financial gain, this is to investigate and bring a private prosection to those who committed the crime.

[Manxman]

Are you saying you haven't complained to the Independent Office of Police Conduct?

[Consumercarl]

I have made a complaint to the PSD, (Police Standards Department), however they then handed the complaint to the Inspector, he decided that rather than deal with the complaint, he much prefered to discuss the case, it was then that he made his remarks, "why do you want a solicitor" and "if thats how you want to play". After this I made yet another complaint to the PSD, they then informed me I could raise these concerns after the initial complaint had been concluded. After the Inspector concluded the complaint I was then forced to the "Review" stage. The conclusion of the review stage:

However, in considering what is reasonable and proportionate I need also to take into account what is appropriate in the circumstances, including the context and the nature of the handling of the complaint. The impact of the source of the dissatisfaction on the complainant is highly relevant.


Reading the entire body of your written correspondence with WMP and the OPCC gives a compelling impression of the negative impact arising from your perception of the service that you and your son had received.


I am concerned that continuing to allow ***** to investigate the complaint about matters which involved a significant challenge to his own performance and professionalism was not a reasonable way to handle this specific situation. To be clear, this comment does not seek to call into question ***** professionalism or integrity. It is a simple acknowledgment that alternative options were available to PSD in order to manage these perceptions.


I am aware of very legitimate reasons for ***** being appointed to this task, in terms of efficiency, intimate case knowledge, and a sense of continuity. The arguments against his appointment to the task include ensuring clear independence and credibility for the process, particularly if the investigator is materially involved in the circumstances giving rise to the dissatisfaction.


I believe that having communicated your concerns with PSD in this regard on 14th and 15th of April, these issues were very clear. I also believe it was still early enough in the process for them to take the opportunity to re-assess this and appoint a suitably independent and credible senior manager to review and report on the situation. I believe this would have represented a reasonable and proportionate approach in the circumstances.


Following delivery of the outcome of this review an appropriately independent person in WMP should make contact with Mr *** to discuss the specific and separate matters of dissatisfaction he has expressed about *****, the handling of his complaint, and the available options for dealing with these.


It would be helpful if such a person were also suitably qualified and credible to be able to provide any additional explanation Mr *** might need with regard to the decisions made about the investigation into the assault on his son and the basis for them. It should be made clear to him that the allegations which have already been recorded and dealt with would only be revisited under particular circumstances i.e. new and different information or allegations.

[Aged William]

Do me a favour and edit out the officer's name, please.

[Consumercarl]

I have done as you wished, however all names including audio recorded conversations will be posted on my Youtube Channel, Social Media and my Website. I firmly believe the public has a right to know that there are those who are in a position of trust that are there to "protect" as in the Inspector, who are corrupt, dishonest and will abuse power. They should not be in the force.

This is another example of Gross misconduct with the Inspector.

After the attack on my son, and when the Inspector became involved he delibertly misused medical information to trivialize the attack and the damage caused. He claimed no less than 3 X that:

1, “Having received the medical notes it records that your son was treated for a "manipulation under anaesthetic" of fractured nasal bones. Thus the nose was fractured and not broken. The CPS would class that injury as an ABH and not GBH”.
2, “I am told that we have received the medical notes which records that your son was treated for a "manipulation under anaesthetic" of fractured nasal bones. Thus the nose was fractured and not broken”.
3, “the nose was fractured and not broken”


This is a clear case of Police Gross Misconduct. I provided the inspector with a copy of a letter by the surgeon who confirmed “Further to your conversation with my secretary today, as required I write to clarify that a fracture is the same as a break”.

When responding to the Inspector I said, “The information being used by police for the case must be accurate, and not that of a personal view”.

“Please provide your reasoning for your insistence that my son’s nose was not broken with professional medical support, this should be accompanied by a signed statement from the medical professional”.NOT ONE MEDICAL EXPERT IN THE COUNTRY WOULD SIGN THAT OFF!

His response was:“Yes the medical information we are using in the investigation is accurate, but no it is not a broken nose”.

[Aged William]

I have done as you wished

Thank you

[Manxman]

Who has conducted the review, the findings of which you quote, and what has WMP done about it?


You have it in writing that the inspector who investigated the assault on your son (and who investigated your complaint) thinks that a fractured bone is not a broken bone?

[Consumercarl]

The Review was conducted by Assistant Chief Executive West Mercia Police and Crime Commissioner, It was the local police Inspector who not onlt deal with the initial complaint but also gave the order to the OIC to carry out an investigation without my sons full statement (he had repeatedly denied my sons rights under the Supreme Court Victim's code (code of practice for victim's of crime):

Victim Code, it statesin Chapter3 Children and Young people/Part B/Section 1: Police Investigation /1.2 The police must: provide the relevant entitlements to child victims guardians set out in Section 1 of Chapter 3, Part A/Section 1: Police Investigation/1.3 have your statement video recorded.

Instead he delibertly used the Witness Charter to mislead.

It was also the same Inspector who wrote that a fracture is not a broken bone. Yes I have all in writing and on audio when I recorded the telephone call.

No, noone from WMP has made any contact with me.

[Consumercarl]

an update on my post can now be found here https://youtu.be/MlfHWrzhKIg