The Crown Office has abandoned an appeal over the “unduly lenient” sentence of a former teacher convicted of the historic abuse of children at a former residential school in Angus.
Patricia Robertson, now known as Baxter, faced a total of 25 charges, which took place at Fornethy House between 1967 and 1983.
The 77-year-old was found guilty of 18 charges involving the cruel and unnatural treatment of children in her care, including force-feeding them until they gagged, striking them with a ruler and dragging them by their hair.
Robertson was told at the High Court in Glasgow that the offences passed the custody threshold but that a prison sentence can only be imposed on someone who has never been in jail before if it is deemed that there is no appropriate alternative.
The judge decided instead to put Robertson on probation, involving being supervised for three years.
Robertson was also ordered to pay the 18 victims compensation of £1,000 each, which was to be done within two months.
She will further be subject to a restriction of liberty order, keeping her at home between 3pm and midnight for 12 months.
‘Unduly lenient’
Following December’s sentencing, the Crown Office confirmed in January that an appeal had been lodged following “careful consideration of all the facts and circumstances”.
The Crown is able to appeal the sentencing of convicted criminals in very rare cases, describing Baxter’s sentence as “unduly lenient”.
However, on Wednesday, the Crown confirmed it had withdrawn its appeal over the sentence.
A successful appeal would have meant the Appeal Court would have considered the sentence imposed on Baxter would have been outwith the range of sentences reasonably imposed by the judge, taking into account all relevant factors.
A spokesperson said: “We recognise the lasting impact of child abuse and prosecuted Patricia Baxter for her criminal behaviour.
“Following careful consideration by specialist lawyers, the Crown has decided to withdraw the unduly lenient sentence appeal that was previously lodged.
“We have spoken to those involved about the decision and will make ourselves available to answer any further questions they may have.”
Survivors left ‘disheartened’
Following news that the appeal over Baxter’s sentence had been dropped, survivors supported by Digby Brown with a civil claim against the school have expressed their disappointment.
One woman said: “I’m really disappointed a jail sentence isn’t being considered.
“That woman has hurt dozens of children while working at Fornethy and left them with lifelong trauma.
“It’s disheartening for me and all the survivors to see her walk freely but we can never escape the impact our experiences at that house have had on us.”
STV NewsThe second former pupil added: “I still don’t know why I was sent to Fornethy as a child and I’ve still never had an apology from the Glasgow Corporation for the abuse I suffered.
“We should have been safe at Fornethy House. We should have had the holiday of fun and friendship we were promised but instead we were abused and humiliated.”
Catherine Hammond from Digby Brown added: “Fornethy House was meant to be a safe place for young girls but instead they were left with lifelong trauma.
“I commend each person who has spoken about their experiences – it helps break the walls of silence.”
Laura Connor from Thompsons Solicitors Scotland, which also represents survivors, said: “Our clients will understandably want time to process this latest development. The abuse they, and many others, suffered at Fornethy House remains a shocking example of neglect and systemic failure.
“Their civil claims are ongoing, and we are continuing to assess the next steps in that process.”
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