Teacher seeks orders over council reporting concerns
A schoolteacher has asked the High Court for orders preventing the Teaching Council of Ireland notifying the National Vetting Bureau (NVB) of concerns that arose during an investigation into the teacher’s relationship with a former student.
Mr Justice Michael Hanna heard the proposed notification arises out of the council’s investigation into complaints about the teacher’s conduct towards a male student, who was 19 at the time.
The allegations relate to incidents in November 2016 that the teacher allowed the student have alcohol while alone with him and that the teacher was under the influence of alcohol to the degree that he was incapable of discharging his duties.
It was alleged that the teacher sent the student messages requesting him to retract information he gave the principal and An Garda Síochána after the school head expressly stated that no contact should be made.
The council concluded that the public interest was served by requesting the teacher not to repeat the conduct. The teacher had undertaken to comply and apologised for any distress caused. The council had not proceeded with regard to allegations of the teacher’s alleged sexual impropriety, which he vehemently denies, towards the student.
The teacher claimed in court that the council now intends to send a notification to the NVB, which is the Garda unit conducting vetting of persons to increase the protection of children and vulnerable persons through safer recruitment decisions.
The teacher, who cannot be identified, claims the council’s actions are a blatant breach of his rights, an attack on his right to earn a living, and a direct attack on his good name. He says it is not entitled to do this because the student was 19 and not a child at the relevant time.
The council denies each allegation of wrongdoing made against it by the teacher. The teacher claimed it had acted in bad faith and that “baseless” allegations before it included sexual assault, providing drugs and alcohol to students, predatory behaviour, and emotional abuse.
The council has claimed it was perfectly entitled to form a view that this material triggered its obligation to notify the NVB.
It says that, under the National Vetting Bureau Act 2012, it is obliged to notify the bureau of its concerns arising out of an investigation into allegations and complaints of any alleged treatment of a former student by teachers and would notify the bureau unless restrained by the court.
The teacher had been dismissed by the school for gross misconduct and, although that decision had been appealed, the matter had been settled before the appeal was determined.
Following an application by the Teaching Council, the High Court also suspended his teaching registration, which was subsequently lifted. Last month the teacher secured a temporary injunction restraining the council from making a notification under the National Vetting Bureau Act. The council opposes the application and says the injunction should be discharged.
The teacher’s application to keep the injunction in place until the matter has been determined came before Judge Hanna. He said the case should be heard as soon as possible and adjourned the proceedings to September for a full hearing.
