A social worker should be “silenced” or disciplined for telling parents a teacher cleared of sexually abusing three pupils should not have been reinstated in a national school after a period of suspension, the High Court has been told.
Despite three trials acquitting the teacher, and a HSE finding that the allegations against him were “inconclusive”, parents are said to be unhappy with the decision to reinstate him since April last year, the court heard.
Before returning to teach, the man agreed to allow CCTV cameras to be installed in the classroom and to have the door of the room kept open while he taught.
In High Court proceedings, he is seeking orders requiring the HSE to fully vindicate his name and ensure all material submitted to the national vetting bureau system, which protects children and vulnerable people from potential abusers, is withdrawn.
Mr Justice David Keane dismissed an application from the school board to be joined in his action against the HSE after finding it was not "vitally interested in or clearly affected by" the proceedings.
Serious concerns
The judge also referred to letters from the school's solicitors alleging a HSE social worker involved in the original investigation had told parents the social worker did not share the HSE's "inconclusive" view of the case and had serious concerns about the teacher's reinstatement.
The solicitors said the school had relied on the outcome of a HSE investigation, which disclosed no adverse findings against the teacher, in deciding to reinstate him.
The social worker in question should “be silenced and/or be subjected to disciplinary procedures”, or else the HSE should withdraw its “inconclusive” finding, they said.
Mr Justice Keane outlined the history of the case from June 2004 when the teacher, who cannot be named, was put on administrative leave following a complaint from a parent alleging their child was inappropriately touched.
Garda involvement
The board and the HSE began inquiries but these were put on hold when gardaí got involved and he was charged with abusing that pupil.
In the meantime, the teacher had brought High Court proceedings against the HSE over the 2004 decision, following a case conference involving the parent and professionals, which found the first child’s complaint against him to be credible. The case conference decision was quashed following talks between the parties to the legal action.
He brought more proceedings when the HSE tried to hold another case conference. Those were struck out on consent between the parties.
Acquitted
By then, the Garda investigation was under way. The case went to trial and he was acquitted of all charges involving the first pupil in July 2009.
He had been charged with similar offences against two other children and was cleared in separate trials relating to those in 2010 and 2011.
The HSE then resumed its original inquiry and asked the teacher to supply it with the book of evidence in his criminal trial and attend a meeting with the HSE’s social work department in September 2011.
He said the HSE had not yet provided his lawyers with documentation relevant to its inquiry and he would not supply the book of evidence, or attend the meeting, until that information was supplied. He did not accept the contents of the book of evidence.
In December 2012, the HSE notified the school it had concluded its inquiry and said the outcome was inconclusive.
The teacher was reinstated but was unhappy with the HSE’s “inconclusive” decision. His further High Court proceedings have yet to be heard.