The Abu Dhabi Administrative Court of Directors supported the Abu Dhabi Education Council’s decision to close the Al -Warda Private Academy School, against the backdrop of a student’s death, as a result of forgetting in the school bus, after being transferred from the home of her relatives to the school. The court considered that the death of the child was not an individual incident, but rather caused by a major defect in security, safety and health requirements in a way that endangers the lives of students and their safety.
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– The law set specific criteria for school bus drivers, and stressed the need for a supervisor, to ensure the safety of students. Article 83 of the Regulations of Private Schools, the Council gives the right to cancel the school license, when there is a defect in safety requirements. The school did not check the students ’statements Reports confirmed that the child is a honest woman who struggled with death from 7 to 12 pm, as it was found that she had eaten the foods in her bag of lunch, and drank a bottle of water. And when she was found at the end of the school working hours, she died at least two hours ago, while she was in a position, while she was sticking to her face with the bus door and hand in the position of trying to hit the door. Investigations indicated that the school did not scrutinize the students ’statements, who ascended to the bus, and did not send text messages to the families of students who are absent from the school, according to the laws. The school administration justified its neglect that the number of those absent on that day was about 1500 students, while the bus supervisor, who turned out to be a cleaning worker, confirmed that the administration was never looking at bus lists, and on the day of the accident, she requested the disclosure after the child’s body was discovered only. |
The council had formed a committee to investigate the accident, recommending the closure of the school, and put it under the administrative and financial supervision of the council until the closure is closed. The council also refused a request for a grievance from the decision submitted by the school, and thus the school filed a lawsuit before the Abu Dhabi Administrative Court, calling for the cancellation of the decision, which it described as contrary to the provisions of the organizational regulations of private schools, considering the death accident an individual case.
For his part, the Council demanded in its memo to the court to reject the case, stressing that the decision was caused by a serious violation committed by the school, and it claimed a fair life.
The Court of First Instance ruled to reject the case, and the school stabbed the ruling before the Court of Appeal that overturned the elementary ruling, and ruled to cancel the closure decision and the consequences of the effects.
The council did not accept the ruling, and it was challenged before the Court of Cassation, which brought the case to the Court of Appeal, and the referral court also ruled to cancel the closure decision, so the council again objected to the ruling before the Court of Cassation.
He emphasized in his memo that Article 83 of the Regulations of Private Schools gives him the right to cancel the school license immediately, without submitting to the escalating procedures, when there is a major defect in the requirements of security, safety and health, endangering the lives of students and their safety. And that his decision was not due to the death accident, but rather because of the school’s breach of security and safety requirements, as it contracted with an unlicensed transport company to transport students, and she filed an unaware bus supervisor, and is not eligible for this task. It is registered in the work card as a clean Security and safety, and one of his results was the death of the child.
For its part, the court considered the obituary in its place, and supported the decision to close the school and reject the lawsuit filed by the school, on a basis of the full responsibility of the school in front of the council for its transportation service, and that it must operate the vehicles used to deliver students in a way that achieves their security and safety, and that it be equipped with cameras And trackers related to satellites, adding that the law set specific criteria for school bus drivers, and stressed the need for a supervisor, to ensure the safety of students and their rise to the bus and their descent from them, and to ensure that the bus is completely free of passengers upon its arrival.
The court also referred to the criminal ruling issued in the incident, which held the school responsible for the incident, as it did not carry out its supervisory and preventive tasks imposed by the law, which proves the existence of a major defect in the requirements of security and safety, and this case applies to Article 83 of the organizational regulations of private schools in Abu Dhabi, which gave the council right to cancel any school’s license without gradual procedures.
It is noteworthy that the details of the case date back to October 7, 2014, the day after the Eid al -Adha vacation, when the girl surrendered to sleep during the road from her home to school. Upon the arrival of the bus, the students came out other than it, as it was asleep, and the driver or the bus supervisor did not try to make sure that the vehicle was free, and that all the children came down from it, and the bus was closed while the child was fair and still exists in it.
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