Teacher loses appeal over notification to Vetting Bureau over relationship with former student

The case arose from complaints about the teacher's conduct towards a 19-year-old student, student A, over alleged incidents in November 2016.

The allegations included the student was allowed consume alcohol while he was alone with the teacher and the teacher was under the influence of alcohol to the degree he was incapable of discharging his duties.

In November 2016, student A was found by gardai in a distressed state on a motorway and brought back to the school.

The student told gardai and the school principal the teacher had tried to remove his tracksuit bottoms and became angry when the student refused to let him. When found on the motorway, he said he was trying to get to Dublin Airport so he could go home to his native country.

He also alleged he previously smoked something other than cigarettes with the teacher.

It was also alleged the teacher sent the student messages requesting him to retract the information he provided to gardai and the principal.

The school carried out an internal inquiry and later held a disciplinary hearing.

It held some of the allegations had been made out but others had not.

It held the allegations made out amounted to gross misconduct and recommended the teacher be dismissed with pay in lieu of notice, which was done.

In March 2017, the school principal complained to the Teaching Council under the Teaching Council Act 2001, alleging the findings against the teacher amounted to professional misconduct.

Following an inquiry, the Council concluded the public interest was served by requesting the teacher not to repeat the conduct. The teacher gave such undertakings and apologised for any distress caused.

The Council did not proceed with allegations of sexual impropriety by the teacher, which were denied.

The teacher later brought an unsuccessful case to the High Court challenging the Council's June 2018 decision to send a notification concerning him to the Garda National Vetting Bureau. (NVB).

Today a three judge Court of Appeal dismissed his appeal over the High Court decision.

Giving the Appeal Court judgment, Mr Justice Brian McGovern rejected arguments the Council did not comply with section 19 of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 in how it made the notification decision.

The 2012 Act has at its heart the protection of children and vulnerable persons with an in-built balance to protect the constitutional rights of a person against whom findings have been made, he said.

There was, he noted, no appeal against the High Court finding there was "ample justification" for the concern held by the Council which required it to notify the NVB.

He dismissed arguments that delay by the Council in making the notification decision was such it was not entitled to make the notification.

Section 19, he held, does not impose successive obligations at the end of each and any investigation, enquiry or regulatory process. What is required is that, a0t the end of the investigation process, the Council, as a scheduled organisation under the 2012 Act, has a "bona fide concern" that a person subject to an investigation, enquiry or regulatory process may harm any child or vulnerable person.

There was no appeal, he noted, against the finding the obligation under Section 19 to notify the NVB "as soon as may be" does not arise until a bona fide concern has been formed.

The teacher had provided no evidence for his argument the Council had formed a bona fide concern earlier than the June 2018 notification decision, he said. Delays occurred for reasons including the unwillingness of student A and another student to participate in the enquiry, he noted.

He was satisfied the notification decision was made as "soon as may be" having regard to the scheme and purpose of the 2012 Act.