Inverness MSP Fergus Ewing says parents have a right to know details of Highland school ‘incident’ that led to staff suspension

Parents of a five-year-old girl with non-verbal autism DO have a right to receive details of an incident involving their child and a suspended member of staff at an Inverness school, a Highland MSP has said.

Lauren and Sean Selkirk reached out to Inverness and Nairn MSP Fergus Ewing for help last week after Highland Council education officers refused requests for the details of an incident involving their daughter, Ayla.

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The incident, which took place in the middle of January, resulted in the suspension of a staff member and an investigation, which is still ongoing.

Social workers determined that the Ayla was not at risk, but her parents’ attempts to find out what exactly happened have since been shut down.

Mr Ewing said it is an “extremely worrying” time for the family, particularly as Ayla, who is non-verbal and is diagnosed with autism spectrum disorder (ASD), is unable to tell her parents what happened herself.

Ms Selkirk says she now feels “broken and deflated” after being told by a chief officer at the council that even after their investigation was complete she may never “have a right” to know what took place.

Mr and Ms Selkirk are now seeking legal advice on the matter.

Having spoken with the family, Mr Ewing said Ayla’s welfare should be “paramount” and that if it is found that Highland Council had breached its ‘duty of candour’ in being open and honest with Ayla’s parents, the local authority should offer an apology.

“I have been consulted by Ms Selkirk on this matter and have been in direct contact with her to offer my support and advice,” he said. “I understand this is an extremely worrying time for her and it is her right, as a parent, to receive information on the incident that involved her vulnerable child.

“The welfare of the child is paramount and though Ms Selkirk has been assured that Ayla’s wellbeing and care have not been affected by this incident, as any parent, she feels that it is the unknown factor that is causing her major concern.

“In fact, she feels that to withhold information pertaining to the incident that involves her vulnerable child does indeed breach the ‘duty of candour’ policy.

“In a school setting, ‘duty of care’ refers to the legal responsibility staff have to ensure the safety and well-being of students, while ‘duty of candour’ means the obligation to be open and honest with parents/students when an incident occurs that could potentially cause harm, including offering an apology and explaining steps to prevent recurrence.

“Essentially, it's about transparency when things go wrong.”

Highland Council has been contacted for comment on policy as relates to its obligation to contact parents in the case of child protection incidents.

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