Scottish Borders Council admits liability after teacher attacked pupils

Linda McCall was convicted of attacks on vulnerable children

A council has admitted liability after a teacher was convicted of attacks on vulnerable children with learning difficulties, BBC Scotland has learned.

Linda McCall, who was employed by Scottish Borders Council (SBC), was found guilty in July of assaulting five pupils.

The youngsters are autistic, non-verbal and were aged between five and seven years old at the time.

The law prevents the publication of any information which may identify them.

The BBC has been told SBC has now admitted liability for the actions of McCall in a civil case launched by the parents of the children who suffered.

The legal case was raised against the local authority as the employer of the teacher.

Five parents told BBC Scotland of the "life-changing trauma" inflicted on their families.

One mother said her son had tried to harm himself while another father said he lived with guilt which had driven him to the point of depression.

'Road to justice'

Another parent told how McCall pulled her son along the floor violently.

"My son was crying uncontrollably," they said. "He was very scared to go to school and was hiding his uniform."

Commenting on the confirmation that SBC admitted liability, the lawyer acting for the families said this marked the end of a "long and tortuous road to justice".

Marina Urie, from Thompsons Solicitors, told the BBC: "The families are massively relieved Scottish Borders Council has done the decent thing and finally admitted liability.

"It means a huge amount."

She said they felt vindicated after a long process stemming back many years.

"They were met with a brick wall by the council who assured them nothing had happened and this admission now five years down the line is a huge moment for them," she said.

The allegations against McCall first emerged in 2017.

The teacher was placed on a period of paid leave while SBC carried out an internal investigation.

BBC Scotland obtained a document in which one parent was given assurances by the council

BBC Scotland obtained a document from 2018 in which one parent was given assurances by the council that the abuse accusations against McCall "did not affect" her son in any way.

The email states the local authority's "thorough" investigation had resulted in "no further action" against McCall.

The woman's son was later confirmed as a victim in McCall's criminal conviction.

Each of the five parents who have spoken to the BBC claim the council failed to inform them their children were victims.

They describe first learning of the abuse from Police Scotland when criminal proceedings were later initiated.

In the wake of BBC Scotland's report, SBC set up an independent investigation earlier this year to look into how it handled complaints about the teacher.

Andrew Webster QC is examining how an internal council inquiry initially cleared her of any wrongdoing.

The inquiry has yet to report its findings.

'Such a relief'

The mother of one child harmed by McCall told the BBC she cried when news came through the council had admitted liability in the civil case.

She said: "It is like coming to the end of a very long battle.

"I thought we were not going to get here. I opened the email with the news and I was in tears. It is such a relief to feel finally believed.

"To have them admit they were wrong feels like a massive weight lifted."

Another parent said: "I feel vindicated. Years ago I asked what was going on. They insisted nothing happened to my kid.

"Finally someone has taken some responsibility for the trauma we have been through."

SBC said it could not comment.

Scottish Borders Council said it could not comment

A spokesman said: "This remains an ongoing legal matter which is being dealt with by external solicitors on behalf of SBC.

"We have no further comment to make at this stage."

Christine Grahame, SNP MSP for Midlothian South, Tweeddale and Lauderdale, spoke of her relief.

She said: "I first met the parents three and a half years ago.

"This is about the council admitting they got it wrong. They brushed off the parents.

"Their campaign has been vindicated. They treated these parents and children abysmally."