An Illawarra mother has launched legal action against the NSW Department of Education amid allegations her six-year-old disabled daughter was sexually abused by four older students at an Illawarra primary school.
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It is alleged the four boys forcibly removed the girl from the school playground on November 20, 2013, took her to a nearby toilet block and sexually assaulted her, causing “significant injury”.
In a statement of claim lodged in the NSW Supreme Court by Shine Lawyers, the woman claims the school, which the Mercury has chosen not to name in order to protect the identity of those involved, failed in its duty of care towards her daughter.
“At all material times the defendant knew, or ought to have known, that the [girl] suffered from disabilities that made her particularly vulnerable and required supervision in order to ensure her safety and wellbeing at school,” the statement of claim read.
“The [girl’s] injury arose out of a risk of harm, namely that her pre-morbid vulnerabilities – without close supervision – exposed her to engagement with other students who may take advantage of her and the fact she was unable to protect herself from bullying and/or predatory behaviour.
The law suit claims the risk was foreseeable and “not insignificant”.
In a written statement to the Mercury, a NSW Department of Education spokesman said the department had investigated the response of staff to the alleged sexual assault.
“Appropriate action was taken following the investigation,” the spokesman said.
