If you read the case Tim you'll find they were convicted on various counts of committing ABH and GBH against each other - so it was under a couple of very well known laws, rather than no known law, that they were convicted. The case hinged around what level of violence (i.e. battery, ABH or GBH) that you could consent to, and in what circumstances. Boxing and tattoing were brought up as arguments as to why these guys shouldn't be convicted, but these were rejected as being special cases and not analagous (for public policy reasons, of course). A relatively similar case involved a guy who was sticking a hot knife into his wife's buttocks - the court found that consent was possible in that situation. Double standards, eh?
I recall these cases quite well from my days at law school. We weren't grown up enough not to find it all terribly amusing, of course.
-----Original Message-----
From: This list is for those interested in Data Protection issues on behalf of Tim Trent
Sent: Fri 21/10/2005 17:17
To: [log in to unmask]
Cc:
Subject: Re: [data-protection] Self abuse reporting
That is so reassuring. I now have a vision of "Talk to a staff member and
get sectioned"!
There was a famous case that all law students learn about four men who by
consent did inexplicable things to anatomical parts. For very odd reasons
it was prosecuted and they were convicted, despite being in breach of no
known law. It was deemed to be in the public interest to convict them "in
case their activities encouraged others". Certainly would not have
encouraged me!
The case is R v Brown and a tasteful summary may be found as the final
article on http://tinyurl.com/c9cww (office friendly but may fail some
filters). The Case citation is "[1993] 2 All ER 75" This can be used to
find the case in law libraries.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lynzie Gadd
Sent: 21 October 2005 17:01
To: [log in to unmask]
Subject: Re: [data-protection] Self abuse reporting
Where someone is in danger of causing serious harm to themselves, they can
be sectioned under the Mental Health Act, providing certain conditions
apply. Also, I seem to recall that there may have been cases of people
prosecuted for assault/GBH when they were involved in masochistic sexual
behaviour.
Therefore, I think that this could be rather a grey area and would recommend
seeking legal advice to ensure that the College is not in breach of any
possible duty of care.
Have a good week-end folks!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 21 October 2005 16:08
To: [log in to unmask]
Subject: Re: Self abuse reporting
I know it's Friday. My first reaction was that your colleague was rather
pulling your leg. But I assume she means "Self Harming" rather than "Self
Abuse"
Since it is not a crime to harm one's self there is no action required of
you save offering assistance. The recording of such matters, if one is
instructed not to do so must surely be unlawful, Even, surely, if the child
is under the age of 16 (at least under Data Protection legislation).
Practical help is to work with the person in order to gain their real trust,
and to introduce them to a qualified person who can seek to help. While you
may be right about a need to report this to parents it is not always the
most helpful course of action, for a parental reaction may be very negative.
I see this very much as the same as the misinterpretations of Section 28,
now thankfully repealed, of the Local Government Act that school staff could
not counsel a child who was exploring whether they might be homosexual or
not and needed to talk.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Fiona Musgrave
Sent: 21 October 2005 15:48
To: [log in to unmask]
Subject: [data-protection] Self abuse reporting
Please find below a question I was asked by a colleague from the local
College who would appreciate thoughts on the following
"As you may be aware there is a major campaign by government regarding child
protection. While child abuse is a crime and therefore any reporting of it
to a member of staff means they have to record and report it we have come up
with a problem regarding self abuse which is not a crime. The question being
asked is if a student approaches a member of staff and tells them they are
self abusing but having discussed the matter with the member of staff then
asks them not to record or take the matter any further what should the
member of staff do.
We are clear if the student is under 16 - we acting in loco parentis and
therefore are obliged to inform the parents. However once the student
reaches 16 their contract is between us and them and as a college rather
than a school have no right to inform parents unless given leave by the
student. However our child protection team would like to record any such
reports in case further problems arise.
Any thoughts on where we stand with regard to DP - my initial reaction was
that we could not store these details unless given leave by the student and
that all we could do was make sure that the member of staff had access to
the relevant pamphlets and leaflets and helpline numbers which they could
then provide to the student. However I fully understand that staff would
not wish to shoulder such a burden on their own. "
Many thanks for your time
Fiona Musgrave
Information Officer - Strategic and Performance Services Carlisle City
Council
0122 881 7258
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