Inquiry condemns delays in Borders teacher abuse case

  • Published
Linda McCall was found guilty of assaulting five pupils at school for children with learning difficulties
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Linda McCall was convicted of attacks on five vulnerable children

An inquiry into a case of abuse by a teacher has described the time it took a council to report concerns to a child protection unit as "reprehensible".

Andrew Webster QC said this should have happened in October 2017 - but did not take place until about a year later.

Scottish Borders Council has now issued an apology to parents over the case.

Linda McCall, who was initially cleared of wrongdoing, was found guilty last year of assaulting five vulnerable children between 2016 and 2017.

An independent inquiry was ordered into the case, and its report has now been made public, external.

The families have previously told BBC Scotland of the "life-changing trauma" that had been caused by the case.

Image source, Jim Barton
Image caption,

Scottish Borders Council will meet to discuss the findings later this week

The inquiry found that the council's procedures meant concerns should have been raised with the child protection unit in October 2017.

It added that there were further occasions when they could have been reported, and the council "compounded its failure" to act promptly.

Mr Webster said the fact that it took until October 2018 for the case to be taken to the child protection unit was "reprehensible".

He said he could not rule out that the delay had caused "unnecessary harm" to children and that it had undoubtedly caused distress for parents.

He also criticised the local authority's failure to recognise the significance of the conduct being alleged and deficiencies in its training in the reporting of child protection concerns.

The inquiry has made 10 recommendations in light of its findings including:

  • Improving child protection training

  • Reviewing child protection and disciplinary procedures

  • Improving communication with parents

The 62-page report says other staff at the primary school where McCall was working as a teacher of complex needs raised concerns about her "rough treatment" of children in October 2017.

She was moved to another location - away from pupils - and a disciplinary investigation launched which ultimately saw her reassigned to a different place of work.

The council did not inform parents about the allegations or the disciplinary process but rumours began to circulate about the reasons for her departure - including the possibility children had been harmed.

One parent was advised by a councillor that the rumours were not true but they persisted - leading to media reports of an alleged "cover-up" and concerns over the council's "wall of silence".

It was only after a child protection investigation in late 2018 that the allegations - made about a year earlier - were brought to the attention of the police.

'Exhausting battle'

One parent told BBC Scotland that the council should have apologised "a lot sooner".

"Finally, they are actually realising they have got something to apologise for," she added.

Another parent shared the frustration about the time it had taken to receive "a bit of a half-hearted apology".

"It has just been an exhausting battle," she said.

"It feels a little bit better in some ways, but it still doesn't change what happened and that should never have happened.

"There need to be changes that ensure this never ever happens to another child again."

Marina Urie, a senior lawyer with Thompsons Solicitors, said the report "completely vindicates the families" and laid bare the council's failings.

"Thanks to the efforts of my clients, hopefully every child under the protection of Borders Council from now on will be looked after properly.

"The council are now subject to civil legal proceedings on behalf of children abused by their employee and we hope to conclude these matters soon."

'Learn from mistakes'

Council leader Mark Rowley said what had happened was "shocking and completely unacceptable".

He said he was sorry matters had not been referred to the child protection unit at their earliest opportunity, and for the council's failure to communicate appropriately with parents.

"Most of all, the council apologises wholeheartedly that the incidents of abuse occurred in the first place," he said.

"We must now learn from these mistakes and ensure they are never repeated."

Carol Hamilton, executive member for children and young people, said the report made "very uncomfortable reading" and the council "should have done much better".

The council will meet to discuss the inquiry's findings on Friday and look at any changes required as a result of its recommendations.