Former school owner found guilty on two non-recent charges

An eight-week trial which alleged five ex-staff members assaulted children during the 1970s and 1980s at the Kirkby Lonsdale school culminated this week when jurors convicted 77-year-old Derrick Cooper of assaulting one boy and cruelty towards another.

Cooper, who denied all the charges, was also found not guilty of six other charges.

He was warned by Judge James Adkin all options will be open when he is sentenced on April 26.

In a short statement released to The Westmorland Gazette by Cooper's solicitors, London-based Howard Kennedy, he said he was 'extremely disappointed'.

"I am devastated by these verdicts," he said. "There is nothing more wounding than conviction to somebody who has devoted over 40 years to the care and education of children. Sadly, it has proven very difficult to provide a comprehensive defence to incidents that are alleged to have occurred so long ago.

"I offer my thanks to the many witnesses who bravely came to court to give evidence on my behalf. I am grateful too for the support of my family, friends, former pupils, colleagues and legal team. I will be meeting with my legal team to discuss an appeal but have no further comment to make at this time."

Four other former Underley Hall School employees who had also faced assault allegations had earlier been cleared of any wrongdoing.

Cooper, a man of previous good character, of Hillberry Green, Douglas, Isle of Man, was convicted - on a majority verdict - of assaulting one pupil, Henry Gow, who told jurors of a dining room attack.

"He head-butted me. I fell to the floor," said Mr Gow. "He gave me a few kicks, around the body. He picked me up by the scruff of the neck."

He added: "He tried to put his fingers in my eyes. He said 'I'll take your eyes out'."

Cooper was also convicted, unanimously, of cruelty towards a second child. That ex-pupil, Sean Hann, gave evidence about further dining hall violence.

Mr Hann said he was forced to strip naked and stand next to Mr Cooper's table.

"Mr Cooper then started to tell the other lads that I had been picking on a little boy. I interrupted to tell him that it had been a much bigger boy," said Mr Hann.

"He was annoyed that I had interrupted him, so he grabbed me by the back of the head and slammed it face first on the table. The whole table bounced.

"I was left nearly unconscious and slumped to the floor, where he started to kick me. I don’t think I was responsive.

"At that point he dragged me across the hall by my hair and put me in a chair, where I sat blubbering. Somebody brought my dinner on a metal tray.

"Mr Cooper came up behind me and told me to eat it. I must have said I was not hungry, so he reached out his arms, grabbed the tray and repeatedly smashed it into my face.

"My blood got into the meal and all over my face. He then made me sit and eat every last bit of it, which I did because I didn’t have an option."

Mr Hann said he was also forced to sleep in freezing temperatures wearing only a towel which froze to his body.

But jurors found Cooper not guilty of alleged assaults on three boys and acquitted him on a further charge which alleged cruelty towards another youngster.

The jury could not reach a verdict on a further two charges.

Upon hearing that the prosecution would not seek a re-trial, nor offer any evidence, Judge Adkin entered not guilty verdicts.

In evidence, Cooper insisted he had not been responsible for any violent acts at a school for "maladjusted" boys which he had intended to be "different and better" than others of its type.

When quizzed earlier in the Cumbria Police investigation, Cooper - a former deputy head at Ulverston's Stonecross School and an ex-England volleyball player - had described the allegations made against him as "preposterous", "fantasy and ridiculous". When told he was being charged, he replied: "I'm amazed. Such is life."

Cooper stated in his court evidence there was no corporal punishment at Underley Hall.

Asked previously by police whether there had been any "physical chastisement" during his tenure, Cooper replied: "No."

In a statement delivered outside the court, Detective Superintendent Doug Marshall said: "The investigation into non-recent abuse at Underley Hall has been a complex one.

"The dedicated team has worked extremely hard to investigate almost 100 reports that were made against some of those who worked at the school and we continue to investigate more reports.

"We have worked sensitively to ensure that suspects are charged and brought before the court and to enable those who made reports be heard.

I thank them all for having the courage to come forward and tell us what happened to them.

"The verdict delivered in respect of Derrick Cooper shows it is never too late to report abuse and police will continue to take all such reports seriously."

An NSPCC spokesperson said: “The two victims in this case were vulnerable children who were cruelly treated by the very person who had been entrusted to care for them.

“This was home for these young victims and should have been a place where they felt safe and nurtured; instead they were subjected to cruelty and assault. Such abuse can have a long-lasting emotional impact, which lasts into adulthood.

“Adults with any issues or concerns can call the NSPCC Helpline on 0808 800 5000. Children and young people can call Childline on 0800 1111, or get help online at www.childline.org.uk.”