It is exactly one year since Rana municipality received the fine from the police. At NOK 100,000. They got it because the police believe Rana municipality is criminally responsible for breaches of the Education Act in the much talked about school environment case. But the municipality did not want to pay the fine. The case will now be heard as a criminal case in the Helgeland district court from 13 to 17 November. Not only that. Rana municipality has also received compulsory fines from the State Administrator, totaling almost NOK 500,000. They have also refused to pay that. As a result, there may be two court cases for Rana municipality this autumn. Both concern the same two school environment issues. When the payment deadline expired on 1 October 2020, the municipality still had not paid the compulsory fines. And they haven’t yet. Police action in the school yard This is what it is all about: Two ten-year-old boys had over time had a deficient schooling and an unsafe school environment, according to the State Administrator in Nordland. An incident in the school yard in 2018 in particular has been central. With blue lights, sirens and shields, the police trooped up to the school and had to deal with a 10-year-old boy with Tourette’s syndrome. It happened after the two boys had each “armed” themselves with a stick in the school yard. The father of one boy came to the scene. “He has Tourette’s, he can’t do anything about it,” he told the police dismissively. The state administrator in Nordland believes that the school and Rana municipality have not fulfilled the activity obligation in these two school environment cases. – Highly criticizable The documents in the school environment case in Rana are very numerous and comprehensive. In one of the decisions from the State Administrator, it is stated: “The school does not have the necessary competence, and helps to put the student in situations that may lead to him acting out. Then the school reacts by punishing the student for a situation they have provoked”. And it goes on to say: “It is highly objectionable, as the consequences for the student are very serious”, the decision states. On 16 March 2020, they decided that Rana municipality had to pay compulsory fines in the two school environment cases. The state is adamant about compulsory fines in the school environment case – the municipality is considering legal proceedings The public prosecutor: I think it will be a burden In 2019, the parents also chose to report the principal and the municipality to the police. In their investigation, the police have based the State Administrator’s work and fined the municipality NOK 100,000. They let the principal “go criminally free”. Public prosecutor Erik Thronæs will be the prosecutor in the case in Helgeland district court. Photo: Lars-Bjørn Martinsen / news – Rana municipality has received a summons from the police for breach of the Education Act. The municipality has not adopted that proposal and the prosecution has then decided to send the case to court, says state attorney Erik Thronæs. – What is so serious about this matter? – I don’t want to go into that much now, as it will be dealt with in court. But the prosecuting authority at least believes that there has been a basis for issuing a summons. – The municipality has refused to adopt the proposal and believes that nothing illegal has been done. It is rare that this type of police case, about the school environment, ends up in court. The police have relied on the state administrator in the investigation. – But are you sure that the State Administrator is right. Does Rana municipality dispute this? – This is what the court must decide on when the case is brought, whether the Education Act has been violated or not. – What do you think about the two families affected here? – I would assume that it will be a burden for them to appear in court. There will probably be some media coverage of the case and it will certainly be very demanding. The parents: – Live with major consequences The parents of one of the boys tell news that they are ready to appear in court. They expect an answer as to whether the Education Act 9a actually works as intended, as the children’s “working environment act”. – Since such reports are all too often dismissed, it is good that the state administrator and the police have taken the children seriously in this case. – How do you think it will be to “go through” these cases? – Retraumatizing. We live with major consequences because of this case, which spreads to both siblings and the rest of the family. And they add: – We have already lost, but still hope for justice and a functioning legislation for all children who are still in the middle of similar cases. We hope this will be a victory for all children and parents who are in the same situation. The lawyer: – An extensive body of evidence Lawyer Frode Lauareid has always been clear both when it comes to the compulsory fine and the fine from the police. The municipality will not pay. Frode Lauareid, lawyer in KS. Photo: Roald Marker / news He says it is natural that the criminal case comes before the court first. The lawyer is not satisfied with the police’s work. – Rana municipality believes that the prosecution has not fulfilled its duty to provide evidence that there is a basis for punishment. Rana municipality has therefore submitted a claim for acquittal, in addition to the municipality having presented extensive evidence. Something that is actually the prosecution’s responsibility, he writes in an e-mail to news. Here you can read the full response from the lawyer for Rana municipality – Rana municipality believes that the prosecution has not fulfilled its duty to provide evidence that there is a basis for punishment. Rana municipality has therefore submitted a claim for acquittal, in addition to the municipality having presented a comprehensive offer of evidence, which is actually the responsibility of the prosecution. Wouldn’t it be good to get “the case out of the world” for the sake of the families affected here? – This is basically a matter between the prosecution and Rana municipality. The families are not parties to the case. There are two students who are central to the case complex and they have been appointed legal counsel. Neither the parents nor other family members have been given legal representation and have a role as a party or victim in the case. Rana municipality would like to remind you that if you want to talk about who is “affected”, there are many more than these two students and their families. Rana municipality reminds that it is not just these two students who have a right to a safe and good school environment, writes the lawyer. – So do the other students at school. Rana municipality also has an employer’s responsibility for the employees at the school, who according to the Working Environment Act also have a right to a safe and good working environment. He writes that Rana municipality must take greater responsibility. – Rana municipality must take into account the one pupil, the other pupils and the employees. The fact that Rana municipality takes the complexity into account should help the municipality gain a good reputation, because the municipality also looks after those who, for various reasons, do not come forward with their interests. The media should reflect a little on how issues like this can affect local communities. Must take into account other students and the staff – What can it do to the reputation of Rana municipality that there will be two court cases in the wake of the two school environment cases? – The challenge is that in the media these matters are presented in a simplified way. The presentation is that a student believes the school owner is not fulfilling his duties towards this student. The media takes the perspective of this student. He writes that Rana municipality must take greater responsibility. – Rana municipality must take into account the one pupil, the other pupils and the staff. I don’t think there will be a trial as scheduled. Now he says that he doesn’t think there will be a trial during the five days set aside in Helgeland district court. – There will be a planning meeting with the court on 18 September. Lauareid has now registered 20 additional witnesses to the court and submitted many hundreds of pages of documents in the case which he believes are relevant. – Too much is unclear, he says.
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