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A primary school student and her father have brought High Court proceedings against her school over its alleged failure to protect her from a boy in her class she claims has bullied and assaulted her.
In an action against the school’s board of management, the girl and her father allege the school has not taken any appropriate steps to deal with the other child who has allegedly assaulted her, touched her inappropriately, bullied, harassed and abused her over the last 2½ years.
The students and the school cannot be identified due to a court order.
The girl and her father claim the action has been taken over concerns for the girl’s safety at the school.
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Over the last couple of years, it is claimed, the boy has pushed and kicked the girl, used inappropriate language towards her, thrown a book at her, and pulled up her skirt in front of other students.
It is claimed the girl was bullied in reprisal after she reported to a teacher the boy’s inappropriate behaviour towards her.
The girl’s father alleges that meetings with the school’s principal have not resolved his concerns. He says they have not treated the other student’s behaviour as bullying and harassment.
He claims his requests that his daughter and the alleged bully would not to be seated together in class have not been acceded to and no reasons for refusing his requests have been given.
The father claims the school has asserted to him that without express evidence, the issues that allegedly occurred to his daughter may have been accidental on the part of the other student.
It is claimed that a recent incident led to the girl suffering injury after being kicked by the other child.
The father claims that he made complaints to the school, gardaí, Tusla and child protection services.
The girl, who has been upset and traumatised by what has happened, has been absent from the school for a period of time, it is claimed.
Her father says he wants the school to take various steps to ensure that she is not exposed to a more serious injury.
The plaintiffs are asking the High Court for various orders including injunctions directing the school’s board of management to keep the girl and the student in separate at all times in the school.
They also seek an order requiring teachers at the school to report any incidents of harm and bullying to the girl’s parents without delay.
They want orders requiring the school to complete its investigations into complaints raised by them in relation to the various allegations of wrongdoing by the other student.
The plaintiffs further seek damages against the school for the alleged breaches of the girl’s constitutional and statutory rights, and for breach of contract.
The matter came before Mr Justice Brian Cregan on Wednesday.
The judge granted the applicants permission to serve short notice of the injunction proceedings on the school’s board of management. As the application was brought ex parte, the respondent was not represented in court.
The case will return to court later this week.