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Nursery worker fined for ‘reckless’ way she restrained children

Inverness Sheriff Court.
The case called at Inverness Sheriff Court. Image DC Thomson

A nursery worker at a Highland school has appeared in court in connection with the “reckless” way she restrained young children.

Johanna Fraser, 32, physically held on to the two youngsters in a way she was not trained to do, Inverness Sheriff Court was told.

She was reported to a senior staff member by a colleague and the complaint was later passed to the police.

The school where Fraser worked cannot be named for legal reasons.

Fraser admitted two charges of culpable and reckless conduct in relation to the incidents, which took place in March of last year.

Fiscal depute Emma MacEwan told the court that on March 17, Fraser was seen lifting one child before placing him back on the chair and holding him from behind with her arms across his chest.

She also pulled another pupil backwards onto a chair and then placed her arms across his chest, preventing him from moving.

Her actions were noted by another member of staff, who later reported her to senior staff following “a period of reflection”.

Concerns raised over staff member’s conduct

“Police were subsequently contacted given the concerns raised by the deputy head and two adult witnesses,” Ms MacEwan told the court.

Solicitor Clare Russell, for Fraser, said her client, a first offender, had been working in an environment that was suffering from staffing issues and where appropriate training was not provided.

She said an official inspection of the nursery also made note of those two factors.

She said that no concerns had been expressed by the families of the children, adding: “Miss Fraser has a very close relationship with the parents of both children and they are supportive of her.

“This case has been weighing heavily on her and is a matter of great distress to her.”

Despite the mitigation, Sheriff Robert Frazer rejected Ms Russell’s call for her client to receive an absolute discharge, meaning the conviction would not appear on her criminal record.

He told Fraser, of Hilton Court, Inverness: “Notwithstanding the lack of support that you had … your actions on that day were wrong, you know they were wrong and you have to face the consequences of that.”

He added that he regarded her as someone who was not likely to repeat such offences in the future and issued a fine of £520.