legal action against a school over the use of the cane.

dashcamdanny · 20-06-2018 11:22AM #1

I was beaten everyday in school by a teacher when it was legal to do so.

What would be the best coarse of action against the school and teacher over the ongoing upset this has caused me till now, even in my 40s?

Thanks.

TheBoyConor · 20-06-2018 11:26AM

Statute of limitations applies so you're far to late for a criminal prosecution.

I'm not sure does the limit apply for civil cases also.

I'd say you'd have a hard job on your hands here.

Ken. · 20-06-2018 11:27AM

All teachers were exempted from prosecution and being sued in 1983 when corporal punishment was banned. A friend tried to do the same and his solicitor told him it wouldn't get to court even

dashcamdanny · 20-06-2018 11:33AM

Thats unfortunate. thanks for the info.

Hitman3000 · 20-06-2018 11:44AM

dashcamdanny wrote:

What would be the best coarse of action against the school and teacher over the ongoing upset this has caused me till now, even in my 40s?

You could always seek out the teacher if still alive and ask them to justify their actions or just why they thought it ok to beat a child. Their answer may help you move on. I did and I received an apology I won't give a full description here but it helped . I got beaten everyday for 2 years for using my left hand.

TheBoyConor · 20-06-2018 12:08PM

Tbh the sort of teacher who would beat children senseless day in day out is probably not a nice approachable person that you could just walk up to and talk to and expect them to beg your forgiveness for their cruelty. A certain amount of psychopathy exists in someone who could beat children like that.

Giving them a surprise kick into the teeth might be something they'd be more likely to understand.

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Claw Hammer · 20-06-2018 12:31PM

Putinbot wrote: »

All teachers were exempted from prosecution and being sued in 1983 when corporal punishment was banned. A friend tried to do the same and his solicitor told him it wouldn't get to court even

Not all teachers were exempt. According to the Department of education guidelines, only the headmaster could use corporal punishment. The headmaster could not use a cane. A lot of the corporal punishment which when done was in breach of the Department of education guidelines. This the exemption in the 1908 Act only protects teacher who uses "reasonable" chastisement.
A big issue might be what you did to deserve it.

_Brian · 20-06-2018 12:35PM

Hitman3000 wrote: »

You could always seek out the teacher if still alive and ask them to justify their actions or just why they thought it ok to beat a child. Their answer may help you move on. I did and I received an apology I won't give a full description here but it helped . I got beaten everyday for 2 years for using my left hand.

Same here for using my left hand.
Still can’t write properly as a result.

_Brian · 20-06-2018 12:37PM

Claw Hammer wrote: »

Not all teachers were exempt. According to the Department of education guidelines, only the headmaster could use corporal punishment. The headmaster could not use a cane. A lot of the corporal punishment which when done was in breach of the Department of education guidelines. This the exemption in the 1908 Act only protects teacher who uses "reasonable" chastisement.
A big issue might be what you did to deserve it.

Wait a minute.
That last sentence somehow infers that a kid does anything that deserves severe beating with a meter long stick ?
Can you clarify what you think deserves such treatment ?

drunkmonkey · 20-06-2018 12:47PM

Maybe get some professional help and invoice Zappone for it. Doubt there's much else you can do, happened most of us of that age group and earlier.
All ours were dished out by lay teachers or nuns and Christian brothers. Don't ever remember the principal dishing out the digs, I'd say there all still fair game but most are dead or in god's waiting room by now.
If there still alive talk to a solicitor if you think it may settle the deamons.

Claw Hammer · 20-06-2018 12:47PM

_Brian wrote: »

Wait a minute.
That last sentence somehow infers that a kid does anything that deserves severe beating with a meter long stick ?
Can you clarify what you think deserves such treatment ?

It comes down to what constitutes "reasonable chastisement". The punishment must fit the crime.

drunkmonkey · 20-06-2018 12:50PM

Claw Hammer wrote: »

It comes down to what constitutes "reasonable chastisement". The punishment must fit the crime.

Where's having to kneel on the radiator bars classified, was a favourite punishment in primary school.

_Brian · 20-06-2018 12:51PM

Claw Hammer wrote: »

It comes down to what constitutes "reasonable chastisement". The punishment must fit the crime.

Again, can you clarify in your opinion what “crime” a schoolgoing kid does that deserves beating with a cane?
Just so we see where the cutoff is regarding this.

Claw Hammer · 20-06-2018 12:52PM

TheBoyConor wrote: »

Statute of limitations applies so you're far to late for a criminal prosecution.

I'm not sure does the limit apply for civil cases also.

I'd say you'd have a hard job on your hands here.

There is no limitation period on indictable offences.

GM228 · 20-06-2018 02:38PM

TheBoyConor wrote: »

Statute of limitations applies so you're far to late for a criminal prosecution.

I'm not sure does the limit apply for civil cases also.

I'd say you'd have a hard job on your hands here.

It's the other way around. The statute of limitations applies to civil actions, not criminal proceedings.

There are limitations with summary offences for "makig a complaint" to initiate the proceesings (generally 6 months, but higher in certain circumstances), but that in itself does not limit how long it takes to bring someone to justice.

For indictable offences (or indictable offences tried summarily) there is no timeframe.

thebull85 · 20-06-2018 02:39PM

Has the state ever apologised for this brutality against children?

rock22 · 20-06-2018 03:23PM

thebull85 wrote: »

Has the state ever apologised for this brutality against children?

It would be nice to see the ASTI, INTO etc apologise for it. One teacher did write an article about 10 yrs ago in Ir Times but, as far as I know, no teachers ever apologised.

If you are only forty then that suggests the punishments happened after the ban. Can you clarify?

Claw Hammer · 20-06-2018 03:26PM

_Brian wrote: »

Again, can you clarify in your opinion what “crime” a schoolgoing kid does that deserves beating with a cane?
Just so we see where the cutoff is regarding this.

Misbehaviour.

Rented Mule · 20-06-2018 03:29PM

I attended school in the States. Last week, a friend posted the obituary to the nun that we had for kindergarten. She had to take it down shortly after because of the stories that were being told.

I have to be honest that I felt a rage of anger thinking about her. I honestly thought that she was long dead before reading the obit. It would have been nice to see her one last time to let her know what I thought about her.

Rot in hell.

Hitman3000 · 20-06-2018 03:34PM

Claw Hammer wrote:

Misbehaviour.

Historically, writing with the left hand as opposed to the right is justification to strike a child repeatedly ?

dashcamdanny · 20-06-2018 03:39PM

thebull85 wrote: »

Has the state ever apologised for this brutality against children?

I happened to go to primary school in N.Ireland. WOuld I need to use a solicitor from Northern Ireland?

I was beaten for refusing to learn my tables.

The more he hit me, the more determined I became to not learn them. This went on every morning. I was never disruptive.

I could not face this man now without decking him. And maybe worse.

Teachers like that knock the confidence out of children at a young age. I would love to see the same happen back on them.

Fred Swanson · 20-06-2018 04:04PM

This post has been deleted.

johnnyskeleton · 20-06-2018 05:40PM

dashcamdanny wrote: »

I happened to go to primary school in N.Ireland. WOuld I need to use a solicitor from Northern Ireland?.

Yes. Northern Ireland is part of the UK.

walshb · 20-06-2018 05:43PM

Caning children....dirty animals they were back then..

I remember aged 4 or 5 being asked to put my hand out and then a grown adult female teacher whacking me with a wooden ruler...

What sort of human conceives this? Got to be sadists!

GerardKeating · 20-06-2018 08:52PM

Hitman3000 wrote: »

Historically, writing with the left hand as opposed to the right is justification to strike a child repeatedly ?

Depends on the school/teachers.

It was never a problem for me, but (in secondary school) i meet a few student whom were "cured" of being left handed in primary schools.

rock22 · 21-06-2018 08:57AM

GerardKeating wrote: »

Depends on the school/teachers.

It was never a problem for me, but (in secondary school) i meet a few student whom were "cured" of being left handed in primary schools.

No, it was common in the thirties/forties and earlier. The thinking on being left handed this had changed by the fifties. I am lefthanded, was in school in the fifties and and grandparents had memories of trying to get left handed to right with the right hand.

Hitman3000 · 21-06-2018 09:12AM

rock22 wrote:

No, it was common in the thirties/forties and earlier. The thinking on being left handed this had changed by the fifties. I am lefthanded, was in school in the fifties and and grandparents had memories of trying to get left handed to right with the right hand.

I started school in 1976 not sure what you think had changed regards lefthandedness. Despite teachers being told I was a complete ciatog I was beaten on a daily basis for 2 years. It stopped when my father after seeing me unable to sit because of pain turning up to the school and physically threatening the teacher for the beatings to stop. I was 4 when it started.

_Brian · 21-06-2018 09:17AM

rock22 wrote: »

No, it was common in the thirties/forties and earlier. The thinking on being left handed this had changed by the fifties. I am lefthanded, was in school in the fifties and and grandparents had memories of trying to get left handed to right with the right hand.

I started school in the mid 70’s and was beaten daily for using my left hand to write.

galvo_clare · 21-06-2018 09:19AM

_Brian wrote: »

Same here for using my left hand.
Still can’t write properly as a result.

Have a clear recollection of seeing the ceiling of the classroom after being knocked to the floor for using my left hand. That would have been senior infants so 5 or 6 years old I reckon.
Used to see the teacher regularly for years afterwards and she’s still alive. Chose to forget about it though and I don’t hold a grudge.
Still a ciotog though.

_Brian · 21-06-2018 09:25AM

galvo_clare wrote: »

Have a clear recollection of seeing the ceiling of the classroom after being knocked to the floor for using my left hand. That would have been senior infants so 5 or 6 years old I reckon.
Used to see the teacher regularly for years afterwards and she’s still alive. Chose to forget about it though and I don’t hold a grudge.
Still a ciotog though.

Thankfully my teacher dies a slow lingering painful death from cancer, justice served at last. Few years ago I met the other lefty that was in my class who was beaten as well and we enjoyed chatting about her horrible death.

....... · 21-06-2018 10:03AM

This post has been deleted.

legal action against a school over the use of the cane.

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