Courts

Investigation to take place into alleged bullying at primary school

High Court proceedings were initiated against school over alleged failure to protect female student

Certain undertakings were given following a recommendation by the judge, who expressed his concerns including about the nature of the case and that allegations and orders were sought in respect of a young student not represented in the proceedings

Aodhan O'Faolain
Tue Dec 20 2022 - 12:16

An investigation into allegations that a female primary school student has been bullied by a male classmate is to be conducted by a member of the school’s board of management in the coming weeks, the High Court has heard.

Last week, the primary school student and her father initiated High Court proceedings against the school over its alleged failure to protect her from a boy in her class she claims has bullied and injured her.

In their action against the school’s board of management, the girl and her father claim the school has not taken any appropriate steps to deal with the other child.

The board has denied any wrongdoing and claimed the girl’s father had not exhausted all of the internal complaint remedies available to them before commencing court proceedings against it.

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The matter returned before Mr Justice Brian Cregan on Monday, who heard submissions on behalf of the plaintiffs, represented by Conor Power SC, and the school’s board represented by Barra Faughnan BL.

Certain undertakings were given following a recommendation by the judge, who expressed his concerns including about the nature of the case and that allegations and orders were sought in respect of a young student not represented in the proceedings.

These included that a member of the school’s board would commence an investigation into the allegations that the girl has been bullied by the other student.

The judge said that this investigation would be done expeditiously, and it was hoped that it could be completed by early January when the new school year begins.

However, the judge said it was accepted that more time may be required. He was open to granting any extension required to complete the process when the matter returns before the court in January.

During the course of Monday’s hearing, the judge said he had no doubt that the parents involved loved their child and wanted her to be able to attend school without fear and anxiety. However, he voiced his concerns about several aspects of the case.

The judge said he hoped some arrangement could be made that would see the girl, who has been out of school for a period, return to class.

After hearing submissions from the school board, he expressed a view that the court was not granting any orders at this stage of the proceedings, including one directing the school to move the male student to a different class.

The male student, he said, is not a party to the proceedings.

The court noted submissions from the school that some of earlier allegations about the boy, contained in a sworn statement, caused great upset to his family.

The judge welcomed that the serious allegations had been withdrawn or clarified in a supplemental affidavit.

The court also heard the boy had not been sitting at the same table or desk as the girl for a year.

They were not sitting together as has been said in the earlier affidavit.

The judge said the plaintiff’s application for orders including injunctions directing the school’s board of management to keep the girl separated from the other student at all times in the school, and that the other student not be in attendance in the same classroom at the same time as the girl, remains live.

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. and that reasonable steps to ensure the girl’s safety are taken while she is at school have also been sought.

The court had heard that over the last two and a half years the girl claims that she has been bullied by the other child.

The girl’s father claims that meetings with the school’s principal have not resolved his concerns and says that they have not treated the other student’s behaviour as bullying and harassment.

In the most recent incident, it is claimed the girl required medical attention and suffered injury after being kicked by the other child.

Arising out of the school’s alleged inaction the father instructed lawyers to bring High Court proceedings.

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