Childcare worker slapped non-verbal autistic child across the back of the head

A childcare worker, who slapped a young girl with autism across the back of the head, has been sentenced to 18 months' probation.

The man, who cannot be named to protect the identity of his victim, admitted a charge of assault when he appeared before the District Court in Donegal.

The court heard how the child (who was under the age of four) and non-verbal at the time she was struck by the man, who had been an employee of a local pre-school, but is no longer working there.

Defence solicitor Ciaran MacLochlainn described the altercation as a “flick to the head”, but Judge Monika Leech described it as “very serious” and worried that it could have a lasting impact on the child.

“This was not a flick to the shoulder or a tap to the back of the head. It goes beyond that; it’s more forceful than that,” the judge said.

The girl’s parents said their daughter still struggles to sleep since it happened, more than two years on. Sergeant Conor Mulkerns outlined the evidence against the accused. He told the court how an investigation arose following a notification from a childcare facility.

It was suspected that there had been a physical assault on the non-verbal autistic child by a teaching assistant at the preschool on September 21, 2023. The incident was subsequently investigated, and gardai secured CCTV footage of it.

Sgt Mulkerns said on the footage, the child was seen to be sitting at a table, self-regulating, when the male member of staff was seen slapping her across the back of the head with an open hand.

The man was later invited to make a statement and made certain admissions. The court heard how the owner of the childcare facility had become aware of the incident after she had noticed the child’s head move forward, and she later viewed the CCTV to see what had happened.

Sgt Mulkerns said the “relevant processes were undertaken”, and Tusla was notified, in addition to An Garda Siochana.

Defence solicitor Ciaran MacLochlainn told the judge that the CCTV showed that it was only a “very minor” incident.

“When you see the CCTV, you’ll see it wasn’t really a slap; it was a flick across the head. There was no significant force used. It was very, very minor, with unfortunate consequences for everyone involved.”

Mr MacLochlainn said the incident has had severe and lasting consequences for the man: “My client is currently unemployed. He was forced to resign because of this incident, and he has been unemployed ever since. He’s suffering from severe anxiety and depression as a result of this.

“He has been attending counselling and has been assessed as suffering from post-traumatic stress disorder because of the anxiety this incident has caused.

“He confines himself to the house, he no longer socialises, and he no longer goes near the preschool where he had been working for a long period of time.”

Mr MacLochlainn said the man had been given an “excellent report” from the probation service and was extremely anxious to draw a line under the matter.

“The longer this drags on, the more my client has suffered. He’s currently on illness benefit and with a conviction for assault he would be unemployable in the future.”

Sgt Mulkerns told the court how the child’s parents were anxious to have the matter resolved too. Judge Leech read a victim impact statement on behalf of the parents, who were present in the courtroom.

The mother outlined how her daughter continues to have trouble sleeping since the incident, while it has also affected her eating, causing her to lose weight. The mother said she has a fear to this day every time she sees her child with a male.

Judge Leech then viewed CCTV footage of the incident on a Garda laptop computer in court. There was silence in the courtroom as the judge viewed various angles of the slap, visibly screwing up her face on a number of occasions.

She said it was “quite clear that this is more than just a clap on the back of the head”.

“I don’t know what got into this gentleman’s thinking. It appears to me that there was a direct approach from this man to the head of this child. And I don’t know what was in his mind.

“This was not a flick to the shoulder or a tap to the back of the head. It goes beyond that; it’s more forceful than that.”

The judge said the incident was compounded by the fact that the child was non-verbal and had additional challenges.

“This is a very serious matter. It was not some kind of inadvertent incident. It is going to have a knock-on impact on this child.”

Judge Leech said the childcare facility seemed to have been a very well-organised and well-regulated facility.

“It seems to me that there were an abundance of adults in charge; it’s not some kind of chaotic scene with children running wild.”

“I am aware that this little girl is neurodivergent and I am aware that it is sometimes challenging in educational settings.”

“But this is a very young child, and an adult coming into contact with a young child in such a fashion can be detrimental emotionally and physically – and I would have some concerns in relation to the long-term impact this may have on her.”

Judge Leech explained how the maximum sentence open to the court would be a term of six months in prison.

However, given that the man had pleaded guilty, had no previous convictions and cooperated fully with all aspects of the investigation, the judge said a custodial sentence would not be warranted.

“It would be absolutely futile to commit this man to prison; I don’t think it’s appropriate. Nor do I intend to impose a suspended sentence, given that he has no previous convictions.”

“I am going to put him under a probation bond for a period of 18 months. I do believe this is the best way forward.”

“The probation service will have to engage with this man over the course of the next 18 months, and I

think that is going to give him time to reflect on his offending.”

Judge Leech said the defendant “appeared to be a man who realises what he did was entirely inappropriate.”

At this stage during proceedings, the man raised his hand to speak. He told the court that he had consistently apologised for his actions, which were caused by his poor mental health at the time.

He said: “From the minute this happened, I apologised profusely and to this day I continue to apologise profusely.

“There were mitigating circumstances previous to this happening, where I had a mental breakdown and had time off with work-related stress. I was on medication at the time.

“I know what I did was wrong, I held my hands up straight away, and I realise I should never have done it,” he reiterated.

Judge Leech delivered a final warning to him that if there are any failings in terms of complying with the terms of the probation bond, then it is open for the matter to be brought back before the court.

“That brings this matter to an end now,” she concluded.