Fife Council has refused to answer key questions surrounding the rape of a pupil by one of its music teachers and why an initial complaint was ignored by a member of staff.
Matthew Birch was jailed last week for a string of offences against pupils over the course of 11 years.
One of Birch’s six victims was raped repeatedly by the 45-year-old, both at his home in Falkirk and near a Fife sports ground.
The court was told the girl went to a principal teacher in late 2018 to report her ordeal.
The court heard instead of reporting the allegation to her superiors, the teacher told Birch, who was a friend.
It was not until the rape survivor returned to the school a year later – after her time there had ended – and spoke to the head teacher that action was taken.
A police investigation was launched in a bid to find more victims and at the High Court in Glasgow, he was finally brought to justice and jailed for 11 years.
The court was told were it not for her bravery, other survivors – Birch had targeted six vulnerable girls over 11 years – may not have been identified and he may even still be teaching.
The key questions
The Courier asked Fife Council the following key questions in relation to the case.
Were the school’s and council’s safeguarding policies followed when the initial complaint was made?
The council declined to reveal what processes had been undertaken when the victim first approached the principal teacher.
How long did Matthew Birch remain in post after the initial complaint was made?
The council declined to reveal if or when it terminated Birch’s employment.
Was Matthew Birch ever disciplined in relation to this matter by Fife Council?
The council declined to reveal this information but did say in a statement “anyone involved in a crime of this nature would be dealt with under the council’s disciplinary procedures”.
Has disciplinary or any other action been taken against the principal teacher initially involved?
The council declined to answer but said staff have been “reminded” of child protection processes and their “responsibilities to listen and act appropriately if a child or young person takes them into their confidence”.
If not, will measures now be taken in light of the court case?
The council declined to answer.
Has an investigation ever been carried out by Fife Council into this case?
The council stated “internal reviews” happen when “things go wrong” but did not say if that had happened in this instance.
If so, will the findings be made public?
The council did not answer this question.
How will pupils, parents and carers be reassured an allegation of this sort will be properly acted upon in future?
The council moved to assure parents future allegations would be taken “extremely seriously”. It said safeguarding procedures exist within the region’s schools to protect pupils and they would be supported if they were to share information with teaching staff.
Have Fife Council’s policies and safeguarding measures been reviewed specifically in light of this case?
The council said a review of the safeguarding policies has been carried out “this session” but not whether this was linked to the Birch case.
Statement from Fife Council
The Courier asked the council to address each question, on the understanding nothing would be revealed to identify those involved, as the rape survivor’s anonymity remained paramount.
For that reason, we have not named the principal teacher or the school involved.
It was also made clear we were not seeking specifics of any investigations – only that they had taken place into this case.
Instead, Fife Council sent a statement from Sharon McKenzie, head of HR.
She said: “We take the safety and wellbeing of those in our care extremely seriously.
“We have robust processes in place in our schools and we encourage children and young people to share any information, knowing they will be safe and supported.
“We regularly review and update our child protection processes.
“Staff have been reminded of these processes and their responsibilities to listen and act appropriately if a child or young person takes them into their confidence.
“A full review has also been carried out this session and training has been refreshed across all our schools.
“As a responsible employer Fife Council can’t discuss individual circumstances of current or former staff members.
“However, we always take swift action against inappropriate or criminal behaviour.
“We can’t comment on any investigations but reassure that we take appropriate action once all the facts are established, and that anyone involved in a crime of this nature would be dealt with under the council’s disciplinary procedures.
“As you would expect, it’s normal practice for us as an organisation to carry out internal reviews when things go wrong.
“This is important to make sure learning is in place and that we can make any improvements or changes needed to current practice.”
GTC details published at later stage
A spokesman for the General Teaching Council for Scotland would not comment on whether proceedings against either Birch or the principal teacher were active.
He said: “We publish information about individual fitness to teach cases only where they reach a certain stage in the process.
“Should a teacher be referred to GTC Scotland, be investigated, and we decide that there is sufficient evidence to prove an allegation, a Fitness to Teach Panel considers the case and decides whether to take no further action because fitness to teach is not impaired; issue a consent order; or refer the case on for a full hearing.”
However, a search of the register confirmed neither appears to have an active registration.
