Watchdog: Council told to contact parents to fully investigate fears over Isaac’s plight

Seven-year-old Isaac Tocher, who has a brain disorder and autism.

A school where staff watched from behind a closed door while a severely disabled boy banged his head in distress has been asked by the Scottish Public Services Ombudsman to contact the child’s parents so that their concerns can be fully investigated.

Mum Vicki Tocher said she was “unhappy” over the response from Fife Council over what happened to her son Isaac, who has a brain disorder, autism and a developmental age of just one year old.

Isaac, seven, returned from Cairneyhill Primary School near Dunfermline with bruises to his head, but his parents were only informed that he was “upset”.

The school responded to Vicki’s complaints, but the Scottish Public Services Ombudsman has now asked the council to re-engage with Vicki to investigate further over her concerns about how Isaac was treated. In a letter, the SPSO told the parents that the council “do not appear to have fully investigated and responded to your concerns”.

Until Fife Council fully responds, the SPSO says it will close Vicki’s complaint “for now”, and have advised her to return to them if she remains dissatisfied.

Vicki said: “What happened to Isaac was shocking, but it is the sort of behaviour that parents of severely disabled children are subjected to. This is why the Scottish Government continues to fail us by refusing to embrace the need for statutory reporting of incidents like this, and of restraint.

“Without that, the horror of what Isaac experienced will continue for others.”

Scottish Children’s Commissioner Nicola Killean has severely criticised the government for its failure, and warns it is breaching the human rights of special needs children.

She said: “They have a right to dignity, to bodily integrity and to be protected from cruel, inhuman or degrading treatment.

“The state has additional human rights obligations to ensure disabled children receive special care and assistance. My office, alongside families, campaigners and charities, has demanded for years that the Scottish Government introduces legal protection for children on the use of physical restraint and seclusion in all situations where children are in the care of the state, including schools, mental health provision and secure accommodation, along with mandatory recording and reporting of all incidents.”

The Commissioner backs Calum’s Law, and a Bill is currently going through parliament calling for legislation which will offer better protection.

Fife Council’s Head of Service Education Angela Logue said: “The care of all our children is the top priority for everyone at Fife Council and we have no concerns over the care of children at Cairneyhill Primary School. This view is backed up by Education Scotland inspectors, who visited the school only last year, and noted that ‘the highly effective Additional Support Centre team, who know children very well as individuals’ was one of the school’s key strengths.

“We are aware of this parent’s complaints and concerns, which have been investigated. The Ombusdman has decided not to take forward the complaint from the parents at this time. We are in contact with the parents to consider and respond to any outstanding concerns.”

Vicki’s MSP Roz McColl, Scottish Conservative Shadow Children’s Minister, said: “Continuing to support Isaac and his family remains a priority for me. Their bravery in sharing their story highlights the desperate need for change. I will continue to push for the introduction of statutory guidance to protect our children and young people.”