Mum to sue council over disabled daughter’s horror injuries after she was restrained at school

A mother is to sue a council over horrific injuries suffered by her disabled daughter when she was restrained at school.

Claire Nossiter has waited four years for the conclusion of council and police inquiries into the injuries to Lyndsay, now 20.

She was horrified to learn that two teachers charged over the incident would not be prosecuted.

And she has vowed to fight on through the civil courts to secure justice for her daughter, who has Prader Willi Syndrome and autism.

Claire said Lyndsay was “routinely restrained” in her years at Bothwellpark High in Motherwell, which caters for pupils with additional support needs.

But when she was moved to another school, she was not restrained once in her 18 months there.

Claire’s battle began in March 2014 when Lyndsay was brought home from school with a face so badly bruised and swollen, a consultant feared her jaw was broken.

Claire said: “I’d had a call from school saying Lyndsay had ‘kicked off’ and been restrained and had a small bruise on her cheek. I couldn’t believe the state of her.

“There were bruises all over her body. She looked like she’d been in a car crash not at school.”

But North Lanarkshire Council found staff acted appropriately.

A police inquiry was so lacking in thoroughness that Claire’s complaint about it was upheld, with a second investigation ordered.

This led to two teachers being charged with culpable and reckless conduct.

But in January, Claire was told the case would not come to trial due to a lack of admissible evidence.

Claire’s solicitor, Alison Martin, said: “How can it be that a child returns home from school with such terrible injuries that when she is taken to hospital, the authorities are alerted immediately and yet no one is found to be responsible?”

A spokesman for the council said: “Approved restraint techniques are sometimes required in the best interests of the pupil, other pupils and staff.”

A Crown Office spokesman said: “After full and careful consideration of the facts and circumstances, including the admissible evidence available, Crown counsel instructed there should be no proceedings.

“Should the evidential position change, the Crown reserves the right to raise proceedings.”

Source: https://www.dailyrecord.co.uk/news/scottish-news/she-looked-like-shed-been-12126557

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