Teachers and Court Cases
Teachers are increasingly being subpoenaed or invited
as expert witnesses to give evidence in different types
of cases including:
- Family Law Court Cases
- Child Custody Cases
- Negligence, insurance, and accident cases
- Cases related to Child Abuse
- Cases related to Child Protection Orders
- Cases related to the implementation of the Child
Care Act
Teachers have a clear professional responsibility to act always in their pupils' best interests, even in circumstances where a Court attendance may prove stressful and traumatic. They should be aware that they are not obliged to attend Court except under summons or subpoena.
However, in relation to the above a teacher is not
precluded from attending Court voluntarily to give evidence.
This is a matter of professional judgement for the teacher
and the teacher may wish to contact the principal, chairperson
of the board of management and/or the INTO on the matter.
It is generally recommended however, that teachers
should insist on being summoned or subpoenaed to attend
Court, since in the first instance the Department insists
that a copy of the summons or subpoena be included with
the salary returns in order to obtain paid leave of
absence. Whoever issues the subpoena or summons should
be responsible for paying for substitute cover and this
should be a condition of attending the Court.
Attending the Court under subpoena or summons can also provide protection for the teacher in so far as it indicates to all sides that the teacher is not volunteering information and would not normally wish to become involved in the particular case.
Where a teacher is summoned to attend
Court the INTO recommends that the following guidelines
be observed:
- The teacher is there in his/her professional capacity
as a teacher and should generally be expected only to
comment in relation to the teaching/learning situation,
for example in relation to the child's attendance,
progress or other school related matters. Teachers should
note that they are not psychologists or social workers
and that their professional expertise relates to the
teaching/learning situation.
- Teachers who are asked to attend Court as professionals
should indicate their expectation of receiving an appropriate
professional fee and full substitute cover.
- The teacher may wish to clear such matters in advance
with the principal or chairperson of the board of management.
- All witnesses are obliged to tell the truth under oath.
- A teacher summoned or subpoenaed as a witness is not
directly involved in either side of the case except
in his/her capacity as an expert witness and should
therefore not require legal representatives.
- It is INTO policy not to provide legal representation
in relation to teachers attending Court as witness.
- Where teachers are summoned by a party representing
the school, i.e. the insurance company in relation to
an accident at school, teaches are advised to co-operate
fully with that party.
- Where solicitors/social workers or psychologists ask teachers for information orally or in writing prior to a Court case with regard to the child's progress, they should have written permission from both parents, where there are two parents. The principal should be made aware of this request also.