Principal resumes bid to stop dismissal

A SCHOOL principal will today resume her High Court battle with Education Minister Ruairi Quinn after he sought to dismiss her on the strength of a controversial and costly report into her running of a Kilkenny school.

The case has allowed details of the ministerial inquiry into Cathy McSorley’s work to be revealed for the first time — including criticism of her employers for failing in their duty of care to her.

The court application has also exposed fresh allegations of misuse of school funds dating back to 2001.

However, Ms McSorley said all of the initial allegations and most of the new ones were dismissed as unfounded. And she claimed specific credit union loans and refurbishment payments, which are being used to underpin her dismissal, were done with the full knowledge of the VEC.

The inquiry, conducted by retired civil servant Torlach O’Connor, was originally set up to examine specific accusations made against Ms McSorley.

The High Court has been told that none of the six claims levelled at Ms McSorley in initial terms of reference, were upheld. These included claims that she:

*Failed to organise the school properly.

*Did not apply disciplinary policy.

*Refused to comply with orders of the VEC.

The original terms suggested she bullied staff and paid students to attend school.

According to the application presented to Ms Justice Mary Laffoy, these points were not upheld by Mr O’Connor and that his report criticised the VEC for failing to support Ms McSorley. It said “one of the most striking features uncovered by this inquiry” was that the VEC failed to respond to negative publicity surrounding the principal and this resulted in the leaking of preliminary investigations to the Kilkenny People newspaper.

It said the VEC failed in its duty of care by not ensuring that she had proper supervision and support.

The court heard that the report also accused the VEC of instituting a series of misconceived inquiries into aspect of Ms McSorley’s work. However, the court also heard that eight additional allegations were levelled at the principal midway through the inquiry and these all related to the school’s funding.

It said she had deliberately mismanaged school funds by using an unauthorised credit union loan, which she said was fully repaid with her own personal funds.

Four of the new accusations related to a school tour to Gran Canaria in 2001. Fundraising for this trip fell short and a loan was taken out from the credit union to cover the balance.

Ms McSorley said the VEC was fully aware of the arrangement. She also denied she had allowed the students to fly without securing travel insurance.

A separate allegation, that she organised to pay staff of Kilkenny Area Response to Absenteeism to paint the school, was not upheld.

According to the court application, a claim that she misused €16,379 in grants from the Department of Social Welfare and bought food was also thrown out by Mr O’Connor.

Ms Justice Laffoy was told by Ms McSorley’s counsel, that by looking at the funding issues, the inquiry had unlawfully expanded beyond the original terms of reference. And this had come after a series of flawed investigations were established by the VEC to the principal’s detriment.

“[Ms McSorley] has found herself in the invidious position of having to engage in a process of defending herself, her good name and character against newly made allegations,” the court heard.

Mr Quinn and the VEC will have an opportunity to respond to the injunction request in the court today.