Teacher Denied Payout Over Injury At Hillcrest
A teacher aged 61 has been denied a claim for compensation that he put in, after injuring himself in an attempt to stop two of his pupils from horse play. And the reason for non recompense? he shouldn’t have been trying to discipline them.
Yes, Michael Cleary’s claim has been turned down, because apparently he broke health and safety laws. Subsequent to the event, Cleary lodged a claim of £91,000, because he had to take a year away from work, with an injured shoulder.
At the time of the event, Cleary was on his mobile phone, in an attempt to alert the Senior Management Team of the disturbance. It would seem that his actions were not those of someone that was trying to instil a level of authority that teachers should be able to enjoy, but the actions of someone that shouldn’t have risen to ‘silly and naughty behaviour.’
The claim is being defended by East Sussex County Council, who is of the opinion that a pupil should not have physical action talent against him/her, unless it is to prevent immediate danger.
It has become apparent that Mr Cleary breached intervention rules, and therefore is not in any position to be able to make a claim.
The whole incident happened in February of 2005, when two boys were running through the classroom, and coming in and out of the fire exit. Mr Cleary claims that the reason for his intervention, was that the one of the two boys, (the one doing the chasing) was going to inflict some act of violence upon the boy that was being chased.
Mr Cleary claims that one of the boys was at immediate risk, and therefore his intervention was a warranted one. The tremendous leg speed that was generated by the chasing pupil, caused Mr Cleary to be shot out of the classroom, upon his intervention, and through the fire exit. He landed with a lot of force on some hard concrete.
Part of the reason that Mr Cleary feels that his claim is warranted, is that the pupil that caused him damage had a history of violence that he feels he should have been forewarned of.
A torn tendon was the result of the incident, and Mr Cleary had to receive surgery, in order to get it rectified.
Of the £91,05 of his personal injury claim, £36,300 of this is for the loss of a years worth of earnings. The rest is for damages.
The local council has said they feel the boys were not actually causing any immediate danger to themselves or anyone else for that matter.
The council are of the opinion that Mr Cleary’s actions were totally against the appropriate ones that are stated in the schools handbook, that details guidelines on appropriate ways to act.
All in all they feel that the incident was unfortunate, but pretty much completely the fault of Mr Cleary.
Mr Cleary has refused to make any sort of comment on the case.