A nursery worker who admitted restraining children in a way she was not trained to do has had her criminal conviction overturned at appeal.
Johanna Fraser, who had previously pled guilty to a charge of culpable and reckless conduct in relation to the incidents at a Highland nursery, instead received an absolute discharge from the Sheriff Appeal Court in Edinburgh.
That means she will not have a criminal conviction recorded against her name.
Speaking after the appeal, Fraser said she was “extremely relieved” her appeal had been successful.
A previous hearing at Inverness Sheriff Court had heard how Fraser, 32, physically held on to two youngsters at her work in a way she had not been trained to do.
Fiscal depute Emma MacEwan said Fraser was seen lifting a child and placing him back on a chair then holding him from behind with her arms across his chest.
She also pulled another pupil backwards onto a chair and 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”.
“Police were subsequently contacted given the concerns raised by the deputy head and two adult witnesses,” Ms MacEwan told the court.
Staffing and training issues
But solicitor Clare Russell, for Fraser, told that hearing that her client, a first offender, had been working in an environment affected by staffing issues and where appropriate training was not provided.
She said an official inspection of the nursery – which cannot be named for legal reason – also made note of those two factors.
Ms Russell added that no concerns had been expressed by the families of the children, and said: “Miss Fraser has a very close relationship with the parents of both children and they are supportive of her.”
Despite the mitigation, Sheriff Robert Frazer initially rejected Ms Russell’s call for her client to receive an absolute discharge and issued a fine of £520.
‘The court was persuaded … that the sheriff had erred’
However, following representations from counsel Wendy Culross at the Sheriff Appeal Court before Sheriff Principle Lewis, Sheriff Principle Pyle and Appeal Sheriff Fife, Ms Russell confirmed that the court had upheld Miss Fraser’s appeal.
She said the court found her client “had pled guilty to two charges in challenging circumstances, which were highlighted in the report which had been lodged”.
Ms Russell said: “The court was persuaded that the circumstances were exceptional and that the sheriff had erred.
“They, therefore, quashed the conviction and sentence, made a finding that an offence was committed and made an order for an absolute discharge.”
Speaking after the hearing Miss Fraser told the Press and Journal: “I found the whole court process very upsetting and it has had an adverse impact on my life.
Nursery worker’s ‘relief’ at appeal
“However, I am extremely relieved that the appeal court found in my favour, having considered, amongst other things, the terms of the Care Inspectorate Report, which outlined that staff at the establishment, myself included, were undertrained and overworked.
“Both the quality of staffing and the quality of management and leadership at the nursery were assessed at the lowest possible level – ‘Level 1: Unsatisfactory’.
“The report reflected an establishment that was failing, and where I and other members of staff were under significant pressure in a difficult caring role.
“Looking to the future my hope is that the issues referred to in the report will be addressed and that I can put this distressing situation behind me and move on with my life.”
A Highland Council spokesman said: “The Highland Council does not comment on personnel matters.”
