11 Year Old, Stupidly Damaged Door

[Clare5474]

My 11 year old son stupidly kicked someones front door. They are claiming he has caused a crack in the door.
The police have called me today saying the owner wants me to pay for a new door. I told the police I'm not doing that as the door was damaged I have pics of the door with screws and putty and also a crack which is the damage they claim my son did.
The lady rang the owner and told them I'm not willing to pay, she rang me back and said it will be passed on and my 11 year old will get a criminal record that will effect his life even after 18 it would be on a DBs and he wouldn't be able to get into uni. Is this correct surely not

[chanel5]

I don't know the legal position, but I doubt if an 11 year old would get a criminal record for life, for kicking a door.
However, if he were my son, I would take the view that he did wrong and to avoid any longterm repercussions, I would pay up.
Even though the door may already have been damaged, by his actions he placed himself in a vulnerable position, and he (or you) is going to have to pay the price for it.
I would then explain to my 11 year old son exactly how he is going to pay me back for the cost of his criminal damage - eg reduction in pocket money, treats etc.

[Buenchico]

If your son was charged with, and convicted of, criminal damage then he would probably be given either a conditional discharge or a referral order, which are explained here:
https://www.sentencingcouncil.org.uk/sentencing-and-the-council/types-of-sentence/types-of-sentences-for-young-people/

A conditional discharge becomes 'spent', under the provisions of the Rehabilitation of Offenders Act, immediately. A referral order becomes 'spent' as soon as the order comes to an end. (It can't last longer than a year).

However the matter might not even reach court, as it could be dealt with by the police directly, using either a youth caution (which becomes 'spent' immediately) or a youth conditional caution (which becomes 'spent' after three months.

Once a conviction (or caution) has become 'spent', it no longer appears on a check carried out through the Disclosure & Barring Service for most purposes. So, for example, if your son was to seek employment in an office or factory, with the employing requiring a DBS check before he commenced employment, his conviction/caution wouldn't show up. It would only show up on a check for certain 'sensitive' areas of employment (or, for example, voluntary work), such as those involving work with children, vulnerable adults or with the police or security services.

Even if a criminal conviction/caution does show up on such a 'sensitive area' check, it doesn't automatically mean that the person can't be taken on. So, for example, if your son applied to become a student teacher (or doctor, nurse, etc), his conviction/caution would show up but it's highly unlikely that a bit of stupidity at the age of 11 would have any bearing whatsoever upon his application.

Other than for courses leading to work with children, vulnerable adults or, say, the legal profession, universities don't carry out DBS checks on candidates anyway.

Other than when applying for positions in the 'sensitive' areas of employment or voluntary work mentioned above, anyone with 'spent' convictions or cautions can lawfully answer 'No' to a question which asks "Have you ever been convicted of a criminal offence?". That applies both to application forms for employment (or voluntary work) and to things like insurance forms.

So you've clearly been badly advised!

[THECORBYLOON]

If you agree your son damaged the door, why are you not willing to pay for it to be replaced or repaired?

[jno]

TCL, I read it as meaning the photo of the crack was taken before the kicking (otherwise why mention it?) but I could be wrong.

[Redhelen72]

If you have acknowledged that your 11 year old has damaged a door, do the decent thing and replace it.
Then make your child pay for it as punishment for not respecting other people’s property

[johnk]

You shouldn't be expected to replace a used door with a new one, negotiate a settlement. Read the answers above and let them know you are not ignorant of the law

[MWG14]

How is it that you have photos of the door before this incident with your son?

[naomi24]

^good question.

[bobbinwales]

I have photos of neighboors door from when delivery drivers left parcels outside wrong house

[bobbinwales]

Surely the offence is causing damage... I doubt simply kicking a door is an offence if there's no damage. Depends for me on the cost. If its £1500 or more to replace I'd offer something like £500 . If it's £600 I'd maybe pay. This is if the police accept that the kick didn't make any additional damage.

[bobbinwales]

Any significant damage I mean't to put

[barry1010]

Is there any bad history between your family and the neighbour? Any reason your son chose that door to kick?

Have you shown the photos of the door to the police and your neighbour? Hopefully you will be able to agree on an amount to pay and your son should pay you back either from his pocket money or chores. He should also write a letter of apology to your neighbour.

[bobbinwales]

In these situations does anyone know if the child gets any representation from a solicitor???

[douglas9401]

With most door-related issues it's an open and shut case.

[Canary42]

Sounds like a scam to me - do you have any evidence it was the police who rang ?

[bobbinwales]

I would check with the police whether the call were def. from them

[Peter Pedant]

yes it is
att least I think it is
instead of asking us - take advice free half an hour from a solicitor.

relevant page is here
https://unlock.org.uk/advice/filtering-cautions-convictions/

5.5 y under 18 xc if it is a specified offence

I didnt say the advice was readable

[Ken4155]

I don't believe the police's first response would be to telephone you, Clare. Surely they would pay you a personal visit? Ignore it until they do exactly that.

[THECORBYLOON]

JNO, at first I thought she had a photo of the door prior to the incident but then I wondered why she would have had a photo of it in the first place.

[Redhelen72]

jno - I don't suppose they have the manpower to do visits for stuff like this.

I am still unsure why the parent is not sorting this and then sorting their child!
My parents would have paid and then made sure I paid!