A teacher who quit the profession after she was attacked by a pupil at a special needs school has won damages of more than £70,000 from the council that employed her.
Teresa McCarthy, 51, from Inverness, had her hair pulled and was scratched and repeatedly punched by the boy she taught at Drummond School in the city, which caters for primary and secondary pupils with special educational needs, including those suffering from autism.
She successfully claimed her confidence was undermined, giving rise to nightmares following the attacks between June and September 2001.
Sheriff Alan Miller found that Highland Council had breached its duty of reasonable care and told the authority to pay her a total sum of £71,158, made up of £10,000 compensation and £46,778 for loss of earnings.
A 17-day hearing at Inverness Sheriff Court heard that Mrs McCarthy had suffered from depression in the past and felt unable to teach again. She was off sick and left teaching in 2003 and retrained as a nurse. The first incident was on June 7, 2001, in the school's leisure room at the start of the school day.
Without warning, the 13-year-old pupil, referred to as M, became uncontrollably agitated about a light switch. He began screaming and attacked another teacher, pushing her across the room and repeatedly punching her with a clenched fist.
Mrs McCarthy heard the commotion and immediately entered the room. As she tried to protect her colleague, M continued to scream and repeatedly punched both teachers on the head and shoulders. The two were able to escape only when another boy started to hit M.
The other teacher who was assaulted that day resigned at the end of the 2001 summer term. She wrote to Highland Council's education department warning that someone would be seriously hurt or injured unless something was done about staff safety.
A new learning support auxiliary was appointed to work with the class as a whole with effect from August 2001. But on August 30, 2001, there was another incident when M again became extremely agitated about lights in the leisure room and repeatedly hit Mrs McCarthy with a closed fist.
A week later M again became uncontrollable and Mrs McCarthy tried to calm him down. He banged a door, then pulled her down by the hair and repeatedly punched her.
In late August or early September staff realised that a particular fire door in the senior classroom was a trigger for M. Consequently staff were asked to avoid using it when pupils were present, and a no entry sign was attached to the door.
However on September 19, M lost control and ran about the room screaming. He then began to hit Mrs McCarthy while she tried to calm him. He continued to punch her repeatedly and to pull her hair while she phoned a colleague for assistance.
While in the sight of another teacher M pulled her head down by the hair and held on for some time. When he let go, Mrs McCarthy took refuge in the staff room while M ran around the corridor of the main building, kicking and screaming. He then lay in front of the staff room door for some time before being coaxed away.
A spokeswoman for the Highland Council said: "We are currently considering the outcome of the Sheriff Courts Judgment by Sheriff Miller in the case of Teresa McCarthy against The Highland Council."
Mrs McCarthy was not available for comment.
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