Five families take court action seeking probe into allegations children were abused at school

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
Five families take court action seeking probe into allegations children were abused at school

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The families of five young children with special needs have gone to the High Court looking for an investigation into allegations made by a 'whistleblower' that the children have been mentally and physically abused by certain staff at a primary school.

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.

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 further alleged that soap was allegedly rubbed over a child's mouth to stop the child from "blowing bubbles with saliva". On one occasion the whistleblower said she allegedly witnessed a child being forcefully grabbed and lifted.

The whistleblower has also claimed that they were directed on occasions to leave a child in wet and soiled underwear, "because the child should know better". The whistleblower also claimed 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 plans were discussed about 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 rural-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 Child and Family Agency (CFA) that it is in the preliminary stages of its investigation. However, the families are unhappy with this. They say they are greatly concerned about the whistleblower's allegations.

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

Arising out of 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. The Child and Family Agency (CFA) is a notice party.

They claim that they have taken the actions to ensure their children's safety. 

Orders sought by families

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 conduct an investigation into 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 outcome of any investigation conducted by the board, the CFA, 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 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 court next month.

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