Courts

Families seek investigation into allegations of abuse of children with special needs by primary school staff

Families of five young children have brought High Court proceedings seeking investigation of claims made by whistleblower and former school staff member

Five families, on behalf of individual children, have taken judicial review proceedings against the school’s board of management, and the Minister for Education, with Túsla as a notice party

Aodhan O'Faolain
Mon Jan 29 2024 - 17:41

The families of five young children with special needs have brought High Court proceedings seeking an investigation into allegations made by a whistleblower that they have been mentally and physically abused by certain staff at the primary school they have attended.

The allegations made by a now former staff member include that the children in the school’s special autism unit were pulled and dragged “countless times” by two other staff members, namely another teacher and a Special Needs Assistant (SNA).

It is alleged that the staff members in question regularly shouted in the children’s faces, grabbed the children by the neck and chin, pushed children into sensory rooms by themselves, and forced the children to complete works while very distressed.

It is alleged that the other teacher rubbed soap over a child’s mouth to stop them from “blowing bubbles with saliva”.

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On one occasion, the whistleblower said she witnessed the teacher forcefully grab, lift and hold down a child, who had been ill, on to a school worktop, while screaming at the non-verbal child to “stop” and saying “you are being silly”.

The whistleblower has also claimed that they were directed on occasions by the other teacher and the SNA to leave a child in wet and soiled underwear “because the child should know better”.

The whistleblower indicated the SNA said that children should never be fully cleaned after a toilet accident.

“Leave some for mammy,” the SNA is alleged to have told the whistleblower, who also claims that they were told to shout more at the children as it was “the only way they would listen”.

It is further alleged by the whistleblower that the other teacher discussed plans of making a classroom change with another class “as uncomfortable as possible” for the children by playing games and songs that the children did not like, upset them, and made them cry.

This, it is claimed, was done to show the school board that the room change for the different classes was not suitable.

The court heard that the children in question are vulnerable and are either non-verbal or are pre-verbal. Neither the rurally-based school nor the children can be identified in media reports of the action by order of the court.

The families claim they have been informed by the Túsla, the Child and Family Agency, that it is in the preliminary stages of its investigation. However, the families are unhappy with this.

Given the nature of the allegations, the applicants say that the teacher and the SNA should be removed from the school until a full investigation into what occurred has been completed.

They claim that the only measures taken by the school have been to move the SNA, the subject of the allegations, to another class; and it has made a direction that neither the teacher nor the SNA in question are to be left alone with children.

The families say they are greatly concerned about the whistleblower’s allegations.

They claim that the allegations were first brought to the school’s attention in Spring 2023, but the families claim that they were only made aware of them by the school principal last October.

Arising from the allegations the five families, on behalf of the individual children, have taken judicial review proceedings against the school’s board of management, and the Minister for Education. Túsla is a notice party. They claim that they have taken the actions to ensure their children’s safety.

Represented by Derek Shortall SC, with Cormac Hynes Bl, the five families seek various orders and declarations from the court including an order requiring the school’s board to investigate disclosures made by the now former staff member.

Mr Shortall told the court that two of the children have been removed from the school, while the other three “reluctantly” remain there.

They also seek orders placing the staff members who are the subject of the allegations on administrative leave pending the outcomes of any investigation conducted by the board, Túsla, and the gardaí into the complaints, and the proceedings.

They also seek declarations including that the board has failed to comply with it and the Minister’s own policies on investigations, and has placed the procedural rights of school staff above the rights of constitutional rights of vulnerable children in its care.

The actions came before Ms Justice Niamh Hyland on Monday. The judge directed that the applications for permission to bring the challenges be heard on notice to the respondents.

The cases will return before the courts next month.

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