Court case alleging primary school bullying has been resolved, judge told

Pupil and her father initiated proceedings against the school over its alleged failure to protect her from a male classmate

The court heard the girl had claimed she was bullied by the other child on several occasions over the past 2½ years. Photograph: iStock
The court heard the girl had claimed she was bullied by the other child on several occasions over the past 2½ years. Photograph: iStock

A High Court action brought over allegations a female primary school student had been bullied by a male classmate has been resolved.

Last December 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 said bullied and injured her.

The court heard the applicants received the report prepared by the person who conducted an investigation into the allegations and, on foot of that, the girl will be leaving the school.

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

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In reply, the board 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.

A court order forbids identification of the parties.

The matter was adjourned after an investigation into the allegations of bullying was conducted by a member of the school’s board of management.

On Thursday Mr Justice Brian Cregan was told the proceedings had fully resolved and, with the consent of the parties, could be struck out.

Mr Justice Cregan made no order for costs in the matter, meaning both sides will have to pay their own legal costs.

In their action, the applicants sought 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.

They also sought orders requiring the school to complete its inquiry into complaints raised by the applicants into various allegations of wrongdoing by the other student and to take reasonable steps to ensure the girl’s safety while she was at the school.

The other child was not a party to the proceedings.

The court heard the girl had claimed she was bullied by the other child on several occasions over the past 2½ years.

The girl’s father claimed meetings with the school’s principal failed to resolve his concerns and he claimed the school did not treat the other student’s behaviour as bullying and harassment.

In a recent incident, it was 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.

The school denied any wrongdoing.