ALLEGATIONS of child abuse against a man made by the Eastern Health Board to a Vocational Educational Committee were reckless as health board officials knew from their own information that there was no substance to them, it was claimed in the High Court yesterday.
A case is being taken by the man, in his mid 40s, against a VEC and the Eastern Health Board. He is challenging a decision by the VEC not to allow him to continue the social studies course involving child care. The VEC acted after the EHB notified it of allegations of child abuse.
He claims that unfair procedures were adopted by the VEC and that dropping him from the course prejudiced his constitutional rights. He had never had a chance to confront the unsubstantiated allegations.
The EHB claims it had a statutory duty and obligation to inform the VEC. The VEC contends it took the action under its general regulations.
Yesterday, Mr Diarmuid Rossa Phelan, counsel for the man, said there was no doubt that in some of the allegations the health hoard had knowledge that they were unsubstantiated.
Mr Justice Barr said in summing up Mr Phelan's submission, he was saying that four areas of allegations contained in a list which the EHB sent to the VEC should not have been there.
One of the more serious allegations made was reckless, having regard t the knowledge the health board had of the incident. In other allegations, according to the information filed by its own officials, there would appear to be no substance in them and in another allegation, an opinion expressed in a report indicated that the complaint ran contrary to the information the health board received.
The other allegations had to be left in abeyance as nobody could say they were wrong or otherwise without a full oral hearing.
Mr Phelan said that was in essence his submission but they were not saying that the other allegations were in any way substantiated only that there were some that definitely should not have been included in the list because of the state of knowledge of the health board.
He opened a memo of a meeting on January 29th, after the man had been dropped from the course, between a VEC official and the leader of the play group where the man had done his placement work.
The play leader had stated that the man was supervised at all times as was normal policy. The children were v9ry fond of him and he was well liked by the staff. He had attended fully at the placement and worked hard at the course. Mr Phelan said that it was crystal clear as far as the play group was concerned, that the man was exemplary.
The hearing continues on Tuesday.