Last year Michael Teggerth was told his 11-year-old daughter Caitlyn, who has epilepsy and developmental delays, was tied up by the driver of the school bus, allegedly for trying to damage the bus.
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“She has a very vivid imagination – she was pretending to be a lion or tiger and scratching the seat,” Mr Teggerth said.
“When they tried to tie her up, she started fighting and the driver and the carer on the bus both slapped her.”
Mr Teggerth said when he met staff from Caitlyn’s school, Ballarat Specialist School, later that day, they said nothing about the incident but complained about her behaviour.
“When she pointed out ‘I got tied up on the bus’, I thought: ‘That explains it’. Surely this can’t happen? This is the 21st century, not the 16th century.”
Mr Teggerth will be seeking damages in the Victorian Civil and Administrative Tribunal, alleging discrimination and “inhumane and degrading” treatment in breach of the Charter of Human Rights.
The Teggerth family’s disability advocate, Julie Phillips, says the use of physical restraint against a student with a disability is far from isolated in Victorian schools.
“It is very common unfortunately, and the reason is that it seems to be accepted practice by the Education Department in the behaviour management of children with disabilities.”
A spokesman for Education Minister Martin Dixon said restraint should only be used in an emergency to prevent students inflicting harm on themselves or others.
“The minister would be concerned if there are cases where restraint has not been used in line with that policy,” he said.
The restraint policy is silent on seclusion, even though the Education Department told the Victorian Human Rights and Equal Opportunity Commission it was a clear breach of policy.
Children with a Disability Australia says “abusive practices in schools” include the use of a martial arts instructor to train staff in behaviour management and the use of small rooms and small fenced areas as punishment.
In another case before VCAT, Karen Oakes alleges her autistic son, who was then six, had his challenging behaviours addressed through seclusion and restraint at Alfredton Primary.
“The seclusion involved shutting him in a room for periods of time that were long enough that he soiled and urinated upon himself,” the details of complaint say.
“(The Oakeses) also became aware (their son) was being forced to the ground and restrained, and dragged from one place to another.”
