The former deputy headteacher of a residential unit which was at the centre of Scotland�s biggest ever child abuse investigation has won his unfair dismissal case against Glasgow City Council.
Deedee Cuddihy and David Leask
The former deputy headteacher of a residential unit which was at the centre of Scotland's biggest ever child abuse investigation has won his unfair dismissal case against Glasgow City Council.
Chris Johnson was second in command at Kerelaw school in Ayrshire, which was closed in early 2006.
The 54-year-old, who has never been accused of hurting any of the children or young people at the school, was sacked in 2005 amid claims that he and other managers had not done enough to prevent alleged abuses.
However, an employment tribunal in Glasgow has now ruled that his employers, Glasgow City Council, did not carry out a thorough enough investigation into allegations of "gross misconduct" before they dismissed Mr Johnson in July 2005. Mr Johnson yesterday said: "I have always believed that I was scapegoated by the council."
The Scottish Government and Glasgow City Council have commissioned an inquiry into exactly what happened at Kerelaw in the years and months leading up to the suspension of senior managers in June 2004 and its closure nearly two years later.
Two men have been jailed for physically and sexually abusing children at the school, which catered for some of the most troubled and troubling young people in Scotland.
Art teacher Matthew George, 56, was jailed for 10 years at the High Court in Edinburgh for a "horrifying catalogue" of offences. Residential care worker John Muldoon, 53, was sentenced to two-and-a-half years in jail.
Council investigators later said they believed some 40 members of staff were involved in abuse but only one other worker has been in court and she was cleared.
In its written finding, the employment tribunal criticised the official at Glasgow council who investigated Mr Johnson. John Legg, after hearing evidence for three days, took just half an hour to decide Mr Johnson should be dismissed from his post at Kerelaw School in Ayrshire. The Herald understands he did so on his last day working for the authority.
The tribunal also said Mr Johnson had not been given enough time to prepare his defence and that allegations against him concerning a variety of management failings had not been specific enough. Giving evidence at the tribunal hearing, Mr Legg suggested that the former deputy head had effectively condoned the behaviour of one of the two jailed Kerelaw workers, Muldoon, following complaints of alleged bullying and "rag dolling", meaning youngsters had been manhandled like a doll.
Mr Legg said children at Kerelaw had complained of arm twisting and being dragged up the stairs. He told the tribunal that absconding from Kerelaw had been "through the roof" before Mr Johnson left the school and that both staff and children were being hurt during violent incidents. The tribunal heard claims that young people were "dragged about in common dining areas in front of managers". But in its written judgment, the tribunal said that at the disciplinary hearing, Mr Legg had rejected evidence from Mr Johnson which showed that rather than condoning Muldoon's practices, he had had concerns about them and had taken action to address those concerns by suspending the care worker.
Mr Johnson is now seeking compensation for his unfair dismissal, although another tribunal will have to sit to decide how much he gets.












