Two Aberdeenshire nursery workers have gone on trial and denied assaulting a four-year-old boy in their care.
Aberdeen Sheriff Court has heard how the workers – Joseph Picker, 35 and Stacey Kerr, 29 – allegedly pinned down the child on the floor on a number of occasions as he screamed to be let go.
A number of staff from the nursery gave evidence on day one of the trial and claimed they witnessed Picker and Kerr using “heavy-handed”, “rough” and “forceful” restraint techniques against the boy.
The child attended the nursery – which cannot be named for legal reasons – in 2021 and the alleged assaults took place between April and July of that year.
Sarah Davies, a nursery practitioner, told the court that she had seen Kerr restraining the boy by “putting her legs over the top of his legs” and effectively pinning the child down.
Fiscal depute Alan Townsend asked Mrs Davies if she had felt any concern about this practice and she replied: “It didn’t sit right with me – she could have hurt him.
“It was our policy that we did not restrain a child – it was in our procedures.”
Quiet place
The court was shown some video footage from the nursery room in which Kerr could be seen briskly picking up the boy, taking him to his “quiet place” – an area of the room where his favourite toys were – and putting him down on the floor.
She was then seen to apparently put her left leg over his legs and hold the boy’s arms still.
Under cross-examination from Picker’s defence agent Ian Woodward-Nutt, Mrs Davies told the court that another child had told her the boy in question had hit him.
Mr Woodward-Nutt also asked her if the staff had ever been trained on how to handle a disruptive child – to which she replied no training had been given.
Heather Cloete also worked at the nursery at the time of the alleged assaults and described how Picker would hold the boy down whilst kneeling next to him.
Video footage of Picker apparently doing this while Ms Cloete was in the room was played to the court.
Mr Townsend asked her if she thought the boy had needed to be restrained in that manner and she replied: “He was being a bit excited.”
‘He kept saying it was sore’
She was also asked how the boy was reacting to being pinned down, she replied: “He seemed quite upset – that’s what was bothering me. It didn’t seem okay. He kept saying it was sore.”
Ms Cloete’s police statement was given to her and within it she said the boy was “crying” and “screaming” and saying “no, it hurts” and was asking Picker to “let go”.
She said she saw this happen more than once and had thought that Picker “must know what he’s doing”, adding: “I was new to childcare.”
Mr Townsend asked if Picker had reacted or loosened his grip when the boy had been crying out, she replied: “No.”
‘Quite rough’
Another worker, Susan McBain, also gave evidence and said she had raised concerns about Kerr’s handling of the boy, adding: “It was quite rough. She was quite forceful.”
She told her manager about her concerns and was told Kerr would be placed under supervision.
Further footage was played which showed Kerr carrying the boy under her arm to his “calm area” and sitting behind him on the floor with him facing away from her in-between her legs.
Ms McBain described this as a “bear hug” and explained Kerr’s arms were wrapped around the boys rendering him unable to move.
‘Heavy-handed’
She went on to say she thought Kerr was “heavy-handed” and explained none of the staff had been trained in these techniques.
Under cross-examination from Mr Woodward-Nutt, Ms McBain was asked if the boy had been one to hit out or push other children.
She said he was and she had raised concerns about his behaviour on his induction visit to the nursery.
“I was told there was a document from his previous nursery saying that he was often kept out of activities because of his disruptive behaviour,” she said.
She went on to say that she questioned his suitability for entry to the nursery but was told by her manager to “just endure it”.
Kerr is alleged to have repeatedly assaulted the child by grabbing him, restraining him on the floor with her body, pushing him to the floor, pushing and pulling him and lifting him up – all to his injury.
Meanwhile, Picker is accused of assaulting the boy by repeatedly grabbing him, pushing, and pulling him, restraining him on the floor with his body, lifting him up, grabbing him by the head, kissing him on the head and pushing him, causing him to fall over, all to the child’s injury.
Kerr, of Balnagask Avenue, Aberdeen, and Picker, of Holburn Street, Aberdeen, both deny the charges.
The trial being heard by Sheriff Philip Mann continues.
