Minister of Education Not Liable for Student Placed in Seclusion Room

The Court of Appeal of Alberta has dismissed an appeal of a claim against the Minister of Education in a lawsuit alleging teachers placed a special needs student in a seclusion room without the parents’ permission.

The Court of Appeal found that the seclusion room lawsuit did not set forth any reasonable cause of action against the Minister.

The appeal was heard by the Court of Appeal of Alberta on Feb. 4.

According to the seclusion room lawsuit, on Sept. 23, 2015, teachers placed A.H., a special needs student at Clover Bar Junior High School, in an isolation room without getting permission from the student’s parents.

The seclusion room lawsuit was subsequently filed on A.H.’s behalf against the student’s teachers, Clover Bar’s principal and assistant principal, the Board of Trustees of Elk Island Public Schools Regional Division No. 14, the Board’s superintendent and other employees, and the Minister of Education.

The court document indicates that the parents’ seclusion room lawsuit alleges various claims of wrongdoing against the defendants but notes that it does not include allegations that the Board failed to establish any policies that it was required to produce or that the Minister of Education failed to impose policy standards for the Board to set.

The appeals court dismissed the claim against the Minister of Education in the seclusion room lawsuit, finding it “is under no obligation to monitor the day-to-day activities of employees of a school board and ensure their compliance with school board policies.”

The court notes that the school board has a separate legal status from Alberta Education.

Further, the court notes that there are not sound policy reasons that would justify holding the Minister of Education responsible for the acts of the Board of Trustees’s employees.

According to the court document, Alberta Education has a time-out policy. The parents did not allege the time-out policy is unconstitutional, the judge notes.

“There is no arguable cause of action here,” the court document states. “The appellants have not identified any act on the part of the Minister that breaches any duty the Minister owed them or was imposed on the Minister by the School Act.”

“If there is a cause of action here, it is against the school board and its employees.”

The appeals court concluded that the judge did not err when it found that there was no reason to hold the Minister of Education liable in this case, and held that the judge correctly decided to deny A.H.’s legal counsel the opportunity to amend the claims against the Minister.

“Nothing would be gained by allowing the appellants leave to amend a claim that was bound to fail,” the appeals court concludes.

The claims against the remaining defendants are still ongoing.

What do you think about a student being sent to a seclusion room without their parent’s permission? Tell us your thoughts in the comments below!

The plaintiff is represented by A.C. Abbott.

The Alberta School Seclusion Room Lawsuit is A.H. v. Alberta (Minister of Education), Case No. 1803-0296-AC, in the Court of Appeal of Alberta, Canada.

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