Teaching assistant escapes jail over assault on autistic pupil

A TEACHING assistant who assaulted a special needs pupil walked free from court yesterday after a judge ruled she had already received enough punishment by losing her job.

The woman was convicted of assaulting the autistic seven-year-old boy following a trial at Sheffield Magistrates’ Court last month and had been warned she could face jail when she returned to the court yesterday for sentence.

However, Deputy District Judge Alan Fowler told the mother-of-two, 29, who cannot be named to protect the identity of the boy she assaulted, that her crime was not severe enough to receive a custodial sentence, and imposing a community order on her would “serve no purpose”.

He said: “You are still suspended from work, but it is likely you will have your contract terminated and it is unlikely you will ever be allowed to work with children again.

“The fact of having to come to court and being convicted has been quite a significant punishment for you already.

“I don’t believe it is necessary for me to impose any additional sentence on you, due to the circumstances that have already arisen out of your loss of reputation.”

The court heard that the woman, who has an autistic child of her own, was working at the mainstream school in Sheffield on June 11 last year when the incident took place.

The schoolboy was “kicking out and flinging his arms about” and, after throwing himself on another child, was carried out of the classroom by the teaching assistant and a class teacher.

He was carried into another room and, when the teacher let go of him, he kicked her and also scratched and slapped the teaching assistant. The teaching assistant then slapped the boy once, on the face, with an open palm.

She denied assault but, at an earlier trial, Deputy District Judge Julia Newton said that she was satisfied that an assault had taken place.

Representing the teaching assistant yesterday, Andrew Swaby said that she had begun volunteering at the school when one of her own children with started going there. She later gained formal qualifications and her “diligent” work led to her being asked by the headteacher, who spoke of her in “glowing” terms, to apply for a permanent position.

Sentencing the woman, Judge Fowler said: “The headteacher confirms that you are thoughtful and committed. They were impressed with your work and had promoted you to being a teaching assistant. Another class teacher has given you a reference which says much the same.

“Two other references refer to the fact that you have two children, one of whom is autistic, and you have experience in your own life of managing difficult children.”

He added: “Until this happened you were a woman of good character. You had your reputation in the community, you had your reputation with your family and friends, and that has gone because of your conviction.”

The teaching assistant was discharged on the condition that she does not commit any further offences for a period of six months, and also ordered to pay a contribution of 250 towards the court costs.