Syrian special needs teen slaps school with negligence suit

A Syrian special needs teenager and his father are suing a school in Mont Kiara, Kuala Lumpur, for negligence over his alleged mistreatment at the hands of one of the students there.

The 14-year-old boy, who was diagnosed with Cohen Syndrome, Post-Traumatic Stress Disorder (PTSD), Attention Deficit Hyperactivity Disorder (ADHD), gastrointestinal issues and asthma, and Dr Mazen Alkassar Almarj filed the writ of summons against Kits4kids Group Sdn Bhd at the Kuala Lumpur Sessions Court last year.

The suit is set for full trial before Kuala Lumpur Sessions Court judge Halilah Suboh tomorrow.

According to the statement of claim sighted by Malaysiakini, the two refugees claimed that the special needs school committed negligence during the boy’s enrolment there from Oct 3 to Nov 7, 2021.

The duo claimed that during the first week of enrolment, the boy was excited to attend the school and his behaviour was positive at home, with the teen’s classes only having around two or three children.

The plaintiffs claimed however that it was around 10 days into enrolment that the teen’s behaviour deteriorated via previously undisplayed actions such as an increase in the frequency of skin-peeling on his fingers and feet-bottom, school not feeding him adequately, coming home with dirty feet, and unusually difficult and stubborn behaviour.

They claimed that the boy also began shrieking and shouting in imitation of other children at the school, with the teen’s classes allegedly showing an increased student count to six or seven children.

The plaintiffs alleged that things came to a head when the teen was hit by a classmate named Ben around 1.40pm on Nov 8, 2021.

However, during various WhatsApp exchanges between Mazen, 60, and a school representative, they disagreed over the version of events.

The school representative claimed that the teen had suffered self-inflicted bruises, purportedly hit another classmate and knocked his head on the classroom wall.

However, Mazen - who is a medical doctor - claimed that he noticed linear red scratch marks over his son’s chest that resembled fingernail marks, following a visit to a clinic on the same day as the alleged incident.

The father claimed that during a meeting with the school representative on Nov 9, the representative alleged that his son’s scratch marks could have been caused by the boy’s school bag, which the medical doctor denied.

The father alleged that the representative described the teen in an insulting and degrading manner, akin to an “animal”.

The medical doctor claimed that this came as a shock, as he has been the sole caretaker and parent to the teen for many years without the incident, adding that the school failed to produce any closed-circuit television (CCTV) footage of the Nov 8 incident.

Mazen said that he stopped sending his son to the school on Nov 9 the same year, and officially withdrew the boy five days later. The father also lodged a report against the school on Nov 17, 2021.

Mazen claimed that the physician who attended to the boy informed him later that same month the school sent a letter to the clinic claiming the teen “accidentally injured himself against a hard object which was a table”.

The father alleged that since the incident, the teen has been observed experiencing flashbacks and nightmares related to the school despite no longer being enrolled there.

Through the civil action currently being heard by the civil court, the father and son are seeking general, special, aggravated and exemplary damages, as well as a declaration that the special needs school has breached its duty of care.

School denies the claims

Meanwhile, in their statement of defence, the school denied the suit’s claims.

The defendant contended they provided adequately-proportioned lunch for all students including the teen, with parents expected to prepare two portions of snacks for their children.

The school claimed they have constantly briefed the father about his son’s unpredictable behaviour and aggression since the first week of class, with the defendant claiming they tried their best to advise the medical doctor to not give up on the boy. The defendant claimed the father himself admitted his son was a “troublemaker”.

The school also claimed that contrary to Mazen’s allegations, it was the teen on Nov 8, 2021 who was observed exhibiting more aggression and intense impulsivity.

The defendant claimed that shortly after lunch that day, the teen attempted to hit a peer who was sitting next to him, whereby a teacher tried to stop the teen with a verbal prompt.

The school claimed that within seconds, the teen self-knocked his head on the classroom wall to protest and express disagreement while trying to avoid conformity, with the defendant immediately calling Mazen about the incident.

The defendant contended its inquiry over the teen’s chest marks did not find them matching any objects or settings in the school, thus showing no evidence they were intentionally caused by any moving object or human factor.

The school also claimed that the following day on Nov 9, 2021, the teen’s behaviour worsened, with the throwing tantrums, pulling teachers’ hair, slapping peers’ heads, hitting a teacher, refusing to follow instructions by throwing his water tumbler and bag, chucking toys in the common area, and damaging a few toy sets and books.

The father and son are represented by counsel from the law firm Thomas Philip. Lawyers from Nanthini & Co are acting for the school.

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