A girl who claims she received hospital treatment as a result of being bullied at school and that the school failed to tackle the problem has taken a High Court action against the school.
Ms Margaret Mulvey, mother of the plaintiff, Nicola Mulvey, now aged 10, told Mr Justice Johnson yesterday she saw four children pinning her daughter against the railings of their school yard, laying into her and kicking her a number of times.
Ms Mulvey, of Ashwood Avenue, Clondalkin, Dublin, was giving evidence at the opening of Nicola's action against Scoil Nano Nagle, Bawnogue, Clondalkin, where the child became a pupil at the age of four.
It is claimed that on June 25th, 1998, when she was five years old, Nicola was assaulted by some pupils of the school, and suffered serious personal injury, loss and damage. It is also claimed that Nicola had been bullied since the previous October, and that complaints had been made a number of times to the school.
After the incident on June 25th 1998, it is claimed Nicola was detained in Our Lady's Hospital, Crumlin. The child was violently ill and tired, with trauma to the spleen.
The school, it is alleged, failed to exercise reasonable care, failed to supervise pupils properly or at all, and failed to expel, discipline or isolate offending pupils.
The defence denies the claims, and pleads that the school, its servants or agents were not guilty of the alleged or any negligence or breach of duty.
Yesterday, Mr Patrick Keane SC, with Mr Richard McDonnell SC, for Nicola, said Ms Mulvey and her husband - who died in 1999 - had complained to the school about the way Nicola had been treated.
On one occasion Ms Mulvey noticed that when Nicola came home from school, she had several bruises on her body, and her clothes had been spat on by other pupils.
Counsel said there was a particularly serious assault on Nicola by other pupils in the school yard on June 28th, 1998, when she was kicked and hit. There was one teacher in the yard. Nicola was pinned against the railings and more than one girl kicked her in the stomach. She felt sick and sore and was crying.
When Ms Mulvey took Nicola out of school that day, she had difficulty in walking and was treated in Our Lady's Hospital, Crumlin.
In evidence, Ms Mulvey said she was a homecare worker, and her late husband had been a taxi driver. When Nichola was four, they decided to send her to Nano Nagle National School, Bawnogue. Nicola was very excited about going to school. She loved company and meeting other children, and was looking forward to going to school.
She cried the first day in school, but after one or two days said it was great fun and asked could she go again. She enjoyed the company. Things went fine until October when Nicola started asking: "Am I stupid, Mammy?" The next day she had said: "But I must be stupid, Mammy." She said other children told her she did not know the games, and called her names.
Ms Mulvey said Nicola had started asking her to wrap her in a blanket, like when she was a baby. Nicola also became very aggressive, and started punching her doll and calling it names.
About the second week of October, Ms Mulvey said she went to a sister at the school and told her she suspected Nicola was being bullied.
Ms Mulvey said she started watching the school yard. She saw four children pinning Nicola against the railings and laying into her, pushing their hands into her and kicking her. She saw that happening a few times. She told the sister, who said she would monitor the situation.
She watched the yard for longer, and could see that one child was the leader and instigating what was going on. She watched the yard in October/December, and saw Nicola being kicked and punched.
Ms Mulvey said she met a principal in the school office, together with another girl and that girl's mother. The other girl's mother was shocked when she was told what her child had done to Nicola. The mother and daughter apologised.
The hearing continues.