Gloriavale School board defends response to allegation of historical sexual assault
The Gloriavale school board has defended its response to an allegation of an historical sexual assault involving a staff member.
Opening arguments have been made in the High Court at Wellington over the future of the West Coast Christian community’s school.
The judicial review followed the decision by the Secretary of Education to cancel the private school’s registration, over serious concerns that the school is not a physically and emotionally safe place for students.
On Monday, Gloriavale counsel Richard Raymond KC told a courtroom packed with supporters the decision was unlawful and flawed to such an extent it should be dismissed.
He said closing a school was a last resort and the decision to cancel Gloriavale’s registration was rushed and disproportionate.
Secretary for Education Ellen MacGregor-Reid told school leaders in December that she was cancelling its registration, but the 80-student school has remained open pending the High Court challenge by the board.
She again confirmed the move in September, after considering the findings of a special Education Review Office (ERO) report, with the ministry applying to lift interim court orders preventing the school’s closure.
It was revealed in court on Monday, the Ministry of Education had been critical of the school board’s response to an allegation of an historical sexual assault.
The Court suppressed any names and identifying details related to the matter.
Raymond argued the board acted appropriately when the complaint surfaced and took “all reasonable steps to obtain information” about the nature of the allegation.
“Your honour will be well-aware, I’m sure… there are situations where someone wants information and you simply can’t get it.
“There are charges before the court or there’s a disciplinary inquiry pending, and it’s not in the interests of the person under investigation to disclose it.”
He told Justice Karen Grau there had been a factual error and false assumption by the ministry that something more could have been done.
“And with respect, your honour, it’s quite telling that the ministry fails to articulate what could have been done. And I say the answer to that is simple. They can’t identify it.”
A Ministry of Education spokesperson confirmed to RNZ that, “how the board responded to a recent complaint was one of the aspects considered by the Secretary.”
Raymond also took issue with earlier information provided to, and reported by, RNZ under the Official Information Act.
In June, RNZ reported a letter from ERO to Oranga Tamariki stating that Gloriavale’s school “knowingly employed staff with prior convictions unsuitable for work with children” and “in at least one instance, the school failed to act when behaviours placing students at risk were identified”.
Raymond said the information was false, and sought a correction from the Court arguing it had the jurisdiction and responsibility to correct matters in the public domain that had caused reputational damage.
“There are at least two government departments with this incorrect information.
“There has never been anyone employed by the Gloriavale school board who’s had prior convictions that would make them unsuitable to teach children and it’s incorrect, therefore, to say that when it was discovered that the board basically did nothing about it.
“It’s a heinous, serious, highly damaging, very upsetting allegation that the school has had to deal with and we seek to remedy that.”
Oranga Tamariki and ERO declined to comment as the matter was before the Court.
The judicial review continues on Tuesday.