Child complaints re physical/sexual abuse by teachers

Summary

A request was made for statistics on child complaints against teachers regarding physical, sexual, and emotional abuse since 1996, including investigation and prosecution outcomes. The Department of Education disclosed that the number of complaints in each category over the past six years is five or fewer, confirmed all were investigated, and stated that disciplinary or prosecution outcomes were also five or fewer, while withholding specific historical data due to legal exemptions.

Key Facts

• The Freedom of Information Act 2015 only mandates disclosure for information created on or after 11 October 2011.
• Specific numbers for complaints since 1996 were withheld to prevent the identification of individuals.
• In each requested category (physical, sexual, verbal/emotional abuse), the number of complaints over the past six years is five or fewer.
• All complaints received were investigated.
• The number of cases resulting in disciplinary action or prosecution is five or fewer.

Data Disclosed

• 1996
• 11th October 2011
• 2017-09-09
• 2017-09-22
• five or fewer
• past six years
• IM102261I

Exemptions Cited

• Section 4(1) of the Freedom of Information Act 2015 (temporal scope)
• Section 25 of the Freedom of Information Act 2015 (exempt personal information)
• Section 39(1) of the Freedom of Information Act 2015 (exempt personal information)

Data Tables (1)

Full Response Text

22 September 2017

Re: Freedom of Information Request – Reference Number IM102261I

Your Request:-

Kindly advise how many children have made complaints against teachers since 1996 for;

a) Physical abuse and violence.

b) sexual abuse including molestation.

c) verbal and emotional abuse.

Including complaints made after the child/ complainer has left the education establishment. Please advise how many complaints were;

a) Investigated

b) Perpetrators disciplined

c) Perpetrators prosecuted

Department Response:-

Please note that under section 4(1) of the Freedom of Information Act 2015 the requirement to disclose information only applies in relation to information created on or after 11th October 2011.

While our aim is to provide information whenever possible, the Department is refusing to disclose some of the information requested in your Freedom of Information request on the grounds of exemptions under sections 25 and 39 (1) of the Act (exempt personal information).
This is because the relatively low number of complaints may make identification of an individual or individuals possible and this would constitute personal data to which you are not entitled and disclosure of this data would likely cause damage or distress to the data subject(s).

However the Department can advise that in each of the categories within your request the number of complaints against teachers is five or fewer than five over the past six years.

In respect of investigations we can advise that all of the complaints were investigated.

Department of Education and Children

Rheynn Ynsee as Paitchyn

In respect of the number of complaints investigated where the outcome was disciplinary action or prosecution we can advise that the number is five or fewer than five.

If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a Review/Complaint form and submitting it electronically or by delivery/post to:

Mr Andrew Shipley, Legal and Administration Manager, Hamilton House, Peel Road, Douglas, Isle of Man, IM1 5EZ.

An electronic version of our Review/Complaint form can be found by going to https://www.gov.im/about-the-government/freedom-of-information/

Your Review/Complaint request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been conducted.

Appeal Process

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on;

1

Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or 2

Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.

More detailed information on your rights to review is on the Information Commissioner’s website at https://www.inforights.im/contact-us/

Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about Freedom of Information requests can be found at www.gov.im/foi