C v Chief Officer States of Jersey Police [2024] TRE 82

The claimant, a 10-year-old child with Fetal Alcohol Spectrum Disorder (FASD), was involved in an incident with another child (X) at school. The incident was reported to the police, who decided not to prosecute either child, categorising the incident as a “Breach of the Peace” for statistical purposes only. The claimant’s parent (P) alleged that the police failed to consider the claimant’s disability and treated him unfavourably.

Key Findings:

1. Direct Discrimination: The tribunal found no evidence that the police treated the claimant unfavourably because of his disability. The police’s decision not to further investigate the incident or seek expert advice on FASD was based on the nature of the incident and the Attorney General’s direction.
2. Indirect Discrimination: The tribunal did not find that the police applied any provision, criterion, or practice that put the claimant at a particular disadvantage. The police’s actions were deemed proportionate and aimed at concluding the investigation appropriately.
3. Reporting to Children’s Social Care: The tribunal noted that the claim regarding the police’s report to Children’s Social Care was raised out of time and could not be considered.

Implications of the Ruling

1. Employment Practices:
   • Proportionate Responses: This case reinforces the need for proportionate responses in handling incidents involving children, especially those with disabilities.
   • Clear Communication: Highlights the importance of clear communication between police, schools, and parents in managing such incidents.
2. Legal Precedents:
   • Disability Considerations: Affirms that while disabilities must be considered, the proportionality of the response is crucial.
   • Prosecution Guidelines: Emphasises adherence to guidelines on prosecuting children, ensuring decisions are in the best interests of the child and public.
3. Public Awareness:
   • Understanding Disabilities: Encourages better understanding and awareness of disabilities like FASD among law enforcement and the public.
   • Trust in Authorities: Addresses the need for maintaining trust between families and authorities, ensuring fair treatment and communication