A special needs teacher has launched a legal battle against the Ministry of Education after being suspended from Dame Marjorie Bean Hope Academy.The lawyer for Claudia DeSilva accuses the Ministry of “unfair, unlawful and completely biased actions” in suspending Mrs DeSilva “for harmonious reasons” ahead of an arbitration case involving acting principal Dena Butterfield-Lister.Mello Jones and Martin’s Juliana Snelling claims Dr Lister is not qualified for her post and should have been kept away from the school instead.She further accuses Dr Lister of unfair, unprofessional and intimidatory behaviour, claiming she felt threatened by the fact Mrs DeSilva is better qualified.Ms Snelling states the Ministry’s lawyer Victoria Pearman has not addressed a series of complaints regarding Mrs DeSilva’s suspension.The letter, dated May 12 and obtained by The Royal Gazette this week, states: “You have not denied or contended in any way that our client’s position is wrong in law but rather your client’s agent, the Permanent Secretary, has determined that it is convenient and that Mrs DeSilva should stay away from the school in the interests of smooth relations at the school pending the arbitration.“We find this an outrageous position to take given the complete unlawfulness of his actions. In the eyes of the school and Bermuda, our client’s member has been disciplined by being suspended and her professional reputation continues to be damaged each and every day.”Dame Marjorie has about 25 students with multiple physical and cognitive challenges.The letter continues: “Our client wants to be in the classroom serving her special needs students who need her and depend on her.“Please tell us why Dr Lister, a person who is not even qualified for the position in which she is serving, was not asked to stay away from the school pending the arbitration in the interests of harmonious relations?“As we stated in our past letters, the Ministry’s unfair, unlawful and completely biased actions this week serve to prove exactly what Mrs DeSilva has maintained in her grievances all along.“That is that, despite having full knowledge about the unfair / unprofessional / harassing / intimidating and retaliatory treatment that acting principal Lister has meted out to our client from day one due to never wanting her at the school in the first place, as a result of being threatened by Mrs DeSilva’s credentials which are superior to hers in terms of special needs qualifications, the Ministry has done nothing to protect our client from such treatment.“To the contrary, the Ministry has followed a persistent course of conduct by doing everything to condone, support and propagate Dr Lister’s position and unacceptable behaviour, thereby depriving our client of her contractual right to work in a safe and healthy / non-toxic environment.“As Mrs DeSilva stated in her grievance, Dr Lister has ‘never been held accountable for her actions by the Ministry’. There seems to be a ‘buddy system’ at work that prevents any accountability and interest in what is best for the special needs students at DMBHA.“We intend to rely at the arbitration on the Ministry’s blatantly unlawful and biased actions this week as evidence in support of our client’s grievances against the Ministry which serve to harm, and not help, the student population at DMBHA who continue to be managed by an unqualified person acting in the role of principal.”Dr Lister has been acting principal since September 2008.The Ministry of Education declined to make a comment. A spokeswoman said the Ministry did not comment on internal disciplinary measures.Useful websites: www.schools.moed.bm, www.bermudaunionofteachers.org.