Teacher found guilty of assaulting four-year-old autistic boy

Thursday 20 October 2016

A Jersey teacher has been found guilty of two charges of assaulting a four-year-old boy with severe autism and was yesterday sentenced to 100 hours community service.

Magsitrate Bridget Shaw announced the verdict on the 55-year-old woman after a trial lasting four days.

She said the teacher’s previous unblemished record at school and good character kept her from imposing a custodial sentence. 

The teacher was found guilty of wiping the boy’s face with his own saliva, forcibly moving him onto a stool and keeping him there against his wishes. 

The teacher's name and the school are not being used in order to protect the identity of the child.

Magistrate Shaw told the teacher her answers under cross examination were “vague and evasive.” She also said evidence given by the teacher's daughter was poor, saying: “I don’t consider her to be a reliable witness.”

The Magistrate said: “There are sentencing guidelines which this court employs on a regular basis, but this was against a four-year-old boy, a very vulnerable boy and that makes it a much more serious offence. This is a very serious case as you were in a position of trust and responsibility. 

“In this case there are seriously aggravating features and my initial view is that this is serious enough to warrant a custodial sentence.”

Defending Advocate Christina Hall said the defendant had committed an assault which left no permanent damage. 

Advocate Hall added: “She is a married, 55-year-old woman who has been a dedicated member of this school for 21 years. She has never been in trouble before either at the school or in general. 

“She has also been a dedicated foster carer and has even received a certificate of excellence for the work she and her husband have done in fostering. She will no longer be able to foster, which is a great shame for the Island. 

“As a result of these convictions it is likely she will lose her job and will certainly not be able to work with children, which she has enjoyed so much. We accept though that there was a loss of judgment on this particular day. 

“It is hypothetical what injuries the young boy suffered, but we know for sure it was not long term.”

The defendant was interviewed by the probation service, who told the Magistrate she was suitable for community service.

In sentencing, Magistrate Shaw said: “The degree of force was relatively low but you have got to bear in mind who it was against. It was a four year old boy and that makes it a different matter. This matter is aggravated by the fact that you were in a position of trust and power.

“This was a child with particular needs who was very vulnerable. He cannot verbalise his feelings or express himself verbally. You knew what his needs were and yet you lost your temper.

“You have an unblemished record over 21 working at the school. Had that not been the case you might have been looking at a more severe penalty. It was one day where you fell well below the professional standards which was required. The aggravating features are such that if community service was not available I would have sent you to custody. I would also have sent you to custody had it not been for your previous good character.” 

The sentence for the two assaults was 100 hours community service and the defendant had to pay prosecution costs totalling £3,200.