A MAN in his mid 40s began a High Court challenge yesterday to a decision by a Vocational Educational Committee to suspend him from a social studies course involving child care after the education authority had been told off allegations of child abuse.
The man is taking the action by way of judicial review against the VEC and the Eastern Health Board. Mr Justice Barr ruled that no names should be used in the case.
The man claims that unfair procedures were adopted by the VEC and that the action taken to drop him from the course prejudiced his constitutional rights. He said that he had never had a chance to confront unsubstantiated allegations which had been drawn to the attention of the VEC by the EHB last December.
The EHB had stated that it had a statutory duty and had transmitted information to the VEC. The VEC contended that it had acted after receiving a letter from the EHB.
It had undertaken certain internal investigations regarding the suitability of the man and had taken the action under its general regulations. It was a matter of contract between the VEC and the man and was a private matter.
Mr Diarmuid Rossa Phelan, counsel for the man, said that no procedures had been adopted before the man was dismissed from the course, and the allegations were unsubstantiated.
The man had been completing his examinations on that day. On his practical work for the course he had assisted in the supervision of children. No complaint had ever been made and he had excellent rapport with workers and children. He was never left unsupervised.
The judge said that the man had been undertaking the practical work and was proceeding in an uneventful way and with some success, as he had passed exams along the way.
The court was told that the man was a mature student who, had been in England for time and had returned to Republic in the 1970s.
Mr Phelan said the people was supposed to have abused injured had also said there was foundation to the allegations.
When he returned from England he formed a relationship with a woman who had children in care. He became a stepfather to her children and they also had children of their own.
The judge said the EHB become involved arising out complaints made to them, whatever about the validity of the complaints. Mr Phelan said that, in essence, that was so.
The judge said it was to the man's credit that, in his 40s, he "had re entered the educational sphere with remarkable success.
The judge asked if there was a possibility of changing course. Mr Phelan said that his client wanted to work in the area. He had raised a mentally handicapped child from birth to death and so had expertise. He was entitled to follow that route.
The man had been told by the VEC in January that there were allegations against him, but not what they were about. The man, had been on his own and at no point had he had a chance to defend himself. He had been told by the VEC that he could apply for a computer course instead, but he did not want to do this.
The judge asked if there was any risk assessment procedure, which the EHB could carry out. Mr Patrick MacEntee SC, for the EHB, said there was no such procedure at present and, even if there were, he wondered if it would be relevant to the case.
The case continues today.