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Wednesday, 28 August 2019

Ainsdale family finds justice after alleged assault on their child by teacher




















Our youngest son, Jason, claimed to have been assaulted by a teacher in 2012.  Jason was only 8 years old at that time.

The allegation was denied by King’s Meadow school and the blinkered education authority. Below is the story of an education system that utterly failed a trusting little boy and his family.

Due to the appalling failings of the Sefton education system, the family were eventually forced to take legal action that was ultimately successful with the Defendant accepting defeat and paying the child appropriate damages compensation albeit without any admission of liability.

6th February 2012. 

Jason claimed that the teacher started shouting across from where she was sitting on the classroom carpet to Jason, asking him what he was doing.

Jason claimed the teacher was angry with him and had accused him of scribbling on a chair that he had been sitting on. Jason expressed his innocence and stated that this was not so and that the writing was already on the chair. Jason claimed that the writing was in fact in pen, yet he only had a pencil in his hand.

Jason claimed that the teacher came over to him, snatched the pencil out of his hand and slammed it on the table. Jason also stated that the teacher did not just ‘ask’ him (as she later went on to claim) to get off the chair, but had physically dragged him off it.

He claimed that she quickly moved towards him, gripped him tightly under the armpit pulling him roughly towards her off the chair. Jason tried to remain seated on the chair but she was pulling too hard for him to resist. The teacher then jerked him onto the ground to sit thereon. Jason stated that she was: “telling me off” all along.

Jason also claimed the chair almost tipped over as she pulled him off it, and later claimed that eczema on his arm flared up after the incident. Jason stated that the teacher had her face very close to his face, was waving her finger in his face and was shouting: “I’ll speak to you in a minute.”

He claimed that she “hurt” him whilst she gripped him forcefully under the armpit to drag him from the chair. He also informed his parents that he had his legs wrapped around the legs of the chair when he was physically hauled off it.

He claimed that soon after the incident, the entire class was going into the hall for assembly. The teacher, however, took Jason out of the hall into her room. The teacher had realised that he ‘was’ telling the truth and had not defaced the chair but she had not apologised for wrongly accusing him.

He said the teacher started yelling at him again and stated she was angry with him for the way he had behaved towards her. Jason apologised for acting uncooperatively towards her and was then permitted to join the assembly.

Head’s opposition towards a proper investigation

Although our family fought hard for a proper and independent investigation for years, the Headteacher at that time had persistently refused to allow the other children, who witnessed events, to be interviewed.

Her reason for ‘not’ permitting a full investigation (including interviewing child witnesses present) appeared to relate to a teaching assistant (TA) who was alleged, to have seen Jason get up by himself from his chair. The Headteacher Mrs Watson stated that the events recounted by the teacher and the TA, varied dramatically from Jason’s version of events so did not uphold his version.

Highlighted report on the alleged assault and Sefton education failings of subsequent events:

• 6 February 2012: Alleged assault occurred. Mr Regan was unexpectedly drawn into a meeting after school with the teacher & Miss Roberts (Miss Roberts being the class teacher). The alleged assault regarding the chair incident was ‘not’ mentioned to Mr Regan. The only reason given for the meeting by the teacher was allegedly related to a minor playground incident between children. The teacher alleged that if Jason “seemed distressed” then this alone would be the reason why. Somewhat strangely, she made ‘no’ mention to Mr Regan of the fact that she had quarrelled with Jason; called him out of assembly into her office alone, or had used physical intervention in order to control his alleged behavioural issues. The teacher denies Jason’s version of events.

• 6 February 2012: Mrs Regan arrived home and found Jason to be very distraught. She instinctively knew that something was wrong. Mrs Regan immediately phoned the school, spoke to the teacher and asked for an urgent meeting. The teacher refused, saying that no immediate meeting was possible.

• 8 February 2012: Mr and Mrs Regan attended a meeting with the teacher, Miss Roberts and Kate Stocker who took the minutes. The Headteacher then entered the room and lectured the Regans on how “children make up stories”.  The meeting was concluded in a much disorganised and unprofessional fashion with the participants not really knowing what was coming next.

• 9 February 2012: Mr Regan and Jason visited the Grange Surgery at 4.20 pm. Dr N Mugerwa examined and measured the bruise on Jason’s left arm (which the Regans had also previously photographed) and stated that it had been done around a few days ago. She also said it was “consistent with being grabbed". However, the Regans believe that the doctor later oddly ‘denied’ her earlier statement that she made in front of Jason and Mr Regan.

• 9 February 2012: The Regans gave a report to school about the alleged assault.

• 10 February 2012: Mrs Watson wrote a letter of this date in response to the Regans complaint. She stated that she had conducted an investigation and could find no evidence of Jason’s version of events. She also stated that a teaching assistant would support the teacher’s claim of innocence. She did not, however, interview any of the classroom children present who had been emotionally upset by the alleged assault. Therefore, the Regans believed that the investigation was grossly unfair and biased in favour of the teacher.

• 16 February 2012: A social worker interviewed Jason at home. Social Services were made aware by Mrs Regan of the situation right from the start.

• 17 February 2012: After getting no help for Jason’s dilemma by speaking to the school Mrs Regan phoned the police. At approximately 6.30 pm, PC 2334 Carol Lloyd visited the Regans for a chat about Jason. She suggested setting up a meeting between all concerned. Following this event, Mrs Regan rang the police on several occasions for advice and got nowhere.

• 22 February 2012: Mrs Regan rang the main police call centre. They put her through to Formby Police Station. The policeman she spoke to at approximately 4.00 pm advised Mrs Regan to phone the main police number again to make a formal allegation of alleged assault and to cross-reference with 20120217 – 0842. Mrs Regan then phoned and spoke to ‘Alan’ at Marsh Lane Bootle. Alan stated that the log was now closed and no alleged assault had taken place. This had been reported by Schools Liaison Officer, Mark Fairclough. Mrs Regan phoned to speak to Mark Fairclough but was told he could not be contacted as his phone/radio was turned off. Mrs Regan was advised he would ring her back. This did not happen. So Mrs Regan rang again and was advised to go through the main police number once again. She followed this advice only to be informed that the police could do nothing until the complaint had been through the internal process at the school.

• 23 February 2012: A LADO (Local Authority’s Designated Officer) meeting was held wherein a complaint was alleged ‘against’ the Regan family via Mrs Watson the Head who apparently had kept this mysterious complaint, allegedly from an anonymous person, on file for over 12 months. This was rather conveniently highlighted by Mrs Watson at the LADO meeting, Mrs Watson also gave a description of Jason to the LADO meeting; a highly misleading description of a child always disruptive and ‘in trouble’. This was the exact opposite of how Jason behaved in school and all unwarranted fabrication.

DS Colin Briscoe rang Mrs Regan, he ‘agreed’ that the class children ‘should’ have been interviewed but were not. LADO, Pauline Trubshaw, also rang the Regans and explained that ‘no further action’ was to be taken against the teacher.

NB. Jason’s commitment to personal improvement and the local community is well recorded. He has helped out in several voluntary projects, including nine months of hard work on a Woodvale eco-project. He has also received awards for his photography and his environmental work.















Jason's philanthropy is well known and stands in stark contrast to the misleading and negative image unfairly painted against him by Mrs Watson.

• 24 February 2012: Mrs Watson wrote to the Regans explaining that the school could not do any more to help the Regans with their complaint against the teacher.

• 6 March 2012: Social Worker, Katherine Heath visited the Regans with a colleague, Sue Mann.

• 9 March 2012: The Regans wrote back to Mrs Watson.

The strange case of the anonymous complaint against the family conveniently highlighted at the LADO meeting that had never been recorded or mentioned to the Safeguarding Officer by Mrs Watson. 

• 13 March 2012: DS Colin Briscoe from Marsh Lane Police Station rang Mr Regan. This was with regards to an anonymous and highly malicious complaint (via Mrs Watson's office) about Mr Regan’s target sport, knife-throwing practice. Oddly, it was later revealed that ONLY Mrs Watson knew about this alleged anonymous complaint. Mrs Watson had NOT reported it to the Safeguarding Officer or even recorded it.

Mr Regan had in fact followed this sport in a safe manner for many years. DS Colin Briscoe stated categorically that he was very happy with all of Mr Regan’s knife-throwing videos on the internet, that there was ‘no’ safety issue to others involved, that Mr Regan “seemed to know exactly” what he was doing, “had done nothing wrong” and that there was ‘no’ case to answer to. Mr Regan was completely exonerated. Another aspect of the malicious complaint was that Jason was alleged to be in ‘danger’ via a video of him playing on the sandhills with the family’s pet dog. This was also rejected after investigation as a nonsensical and bogus complaint by police and social workers who realised that this was nothing more than a malevolent attempt to discredit the family.

• 16 March 2012: Lynn Wallis (Social Care, Children’s Complaints Officer) rang the Regans to make an appointment.

• 28 March 2012: Mrs and Mrs Regan attended a meeting with Lynn Wallis, Clare Lawson (LADO) and Ainsdale’s Councillor Brenda Porter. Clare Lawson advised that she had no jurisdiction over this particular complaint. Lynn Wallis advised that the matter may have to go to the Ombudsman and ultimately the Secretary of State. We discussed the issues for two hours yet no conclusion was reached.

The Regans continued to push for a proper and independent (excluding Mrs Watson and her staff) investigation, including interviews with the class children. Mrs Watson, however, continued to object to a full investigation concerning her staff member, the teacher. Mrs Watson retired soon after from her post as Headteacher and left.

The teacher continued to teach children at the school until June/July 2013, from whence we believe she was on maternity leave.

The Regans were also informed by the school that their complaint was being “revisited”. We, therefore, requested that the LADO be informed about this change and given the opportunity to intervene if necessary.

Two Kings Meadow child witnesses came forward over the alleged assault but the teacher still remained in her teaching position.

9 September 2014: Mr and Mrs Regan met at Kings Meadow School with the Head of Sefton Council’s Learning and Support services, and the Headteacher, Mrs Sandie Lineton, to discuss Mrs Lineton’s findings regarding her revisiting of the case.

The Regans were informed that the matter could NOT be taken further due to the “time frame” involved. The Regans saw that as a very poor excuse for the authority not to take further action. Any time frame delays were not the fault of the Regan’s but of the Authority. The teacher was still however in her position at the school at that time.

School Safeguarding Officer was kept in the dark 

In our revealing meetings with Mrs Lineton in 2014, we were told that during the time of Jason’s alleged assault in 2012, the Safeguarding Officer at the school, Mrs O’Brien, had been completely isolated from the facts of the case. 

We were informed Mrs O’Brien also knew nothing about any anonymous complaint (from 12 months ago) against our family. No information had even been kept on record except for LADO meetings and Sefton ones. Mrs Lineton had no information to show what had previously occurred.

Mrs O’Brien seemed very annoyed about the negative and counterfeit description, by Mrs Watson, of Jason to the LADO meeting and told us that she would have been glad to give a lovely description of his behaviour.

Notes by Jason’s mum regarding the effects on our family

"In the months that followed the alleged assault of February 2012, our family was literally ostracised by the school staff and some ill-informed parents. Only two of the parents stood by our family and only the children’s class teachers and one female office assistant continued to liaise with us.

Mrs Watson retired that summer and Jason’s sister, who also attended King’s Meadow, moved to high school (July 2012). He was still emotionally distressed that everyone at school and the authorities thought him to be a liar. His loyal classmates however stuck by him and often brought the matter up.

By September of 2012, I (mum) had started to notice problems with Jason and his behaviour, emotionally and physically. I started to have him seen and assessed by Dr Francis at Southport Hospital.

In 2013 he was diagnosed with A.S.D. The only concerns before this were when Jason was three or four years old but no more symptoms showed. I was a professional nursery owner and qualified NNEB so I knew the signs to Autism and Asperger’s Syndrome.

By 2013 Jason thought himself to be inadequate and had no self-esteem, he became depressed, suicidal and anxious very easily. No matter how we tried we could not help him feel better about himself. He behaved well at school but gradually at home his behaviour worsened. Today (2019), A.S.D. has impinged into our lives. Jason, however, was always the perfect pupil at school and has recently done well with his GCSEs.

No child should ever have to go through what ours did without the authorities, Safeguarding bodies, school governors helping out. This despondent event has stressed our entire family since it happened."

An apology from the police and final justice for the failure of the Sefton education system

We were contacted by our solicitor (July 2015) who asked us to provide evidence that A.S.D. is exacerbated by stress. There is a great deal of such evidence available, which we provided, via a medical report from a specialist.

16th May 2017: The Regan’s solicitor wrote in saying that “liability for Jason’s accident has now been admitted by the Defendant’s insurers”.

Summer 2018: Merseyside Police apologise for not recording the alleged assault properly.

Although the Merseyside Police Authority has since apologised, the Regans strongly believe that the initial mistakes made by them in 2012 partially resulted in this situation escalating and creating years of undue stress for the entire family.

Following a positive medical report on Jason’s physical and psychological condition, involving exacerbation of this mental health condition due to the alleged attack, the Regan family's solicitor sent a claim for compensation to the Defendant, Sefton Council, over the alleged assault by the teacher.

The Defendant has since agreed and now paid an amount in full for damages to Jason, resulting from the alleged assault. Mrs Regan and Jason attended court in Liverpool to finalise the amount of compensation granted.



















Above:  Jason and his mum (Cath) outside court, following the victory for justice.

Today, the teacher is ‘still’ teaching and specialising in tutoring children with learning difficulties.

NB. In 2018 Ainsdale’s Councillor Haydn Preece offered assistance to the family and advice in pushing Sefton to speed up the process of bringing the situation to a satisfactory conclusion. 

Is YOUR child safe at school today? 

Recently, the Regans have been seeking reassurances that Sefton Council has learned by their inadequate safeguarding mistakes in Jason’s case.  Sadly, to date, Sefton has not given any guarantee that their safeguarding procedures have been improved in any way to ensure that nothing like this ever happens again, to any other child.

These are the questions Cath Regan posed to Sefton on 29th June 2019; they still have not to date (27/8/2019) been answered.

“The specific queries I have are how Sefton schools now deal with allegations, as opposed to 2012. Could you please answer these for me? Firstly as an employer if an accusation was made, then my employee would be instantly suspended furthering an investigation. 

Firstly, are Sefton teachers now instantly suspended when a complaint is made, furthering an investigation?

Secondly, in 2012 the LADO and police could not bypass the Headteacher Mrs Watson or governors, to conduct a thorough investigation and interview the many witnesses who supported Jason's claims. This allowed a complete cover-up by the management of the school, which failed to safeguard the child involved.

The Safeguarding Officer was not included and no record was made of the events, according to the meeting we had with you and Mrs Lineton. Even the police advised us at the time, that the witnesses should be allowed to speak.

Has the teacher been contacted at all by Sefton whilst this case has been ongoing?" 

We reiterate that to our knowledge the police did not investigate or charge the teacher for allegedly assaulting Jason. We also assume that Sefton Council and their insurers were not representing the teacher. 

If any similar incidents were to occur in future, would the agencies in Sefton be able to bypass school authorities -  if they felt an investigation had not looked at all the available evidence properly?






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