Oireachtas Joint and Select Committees

Wednesday, 21 October 2015

Joint Oireachtas Committee on Education and Social Protection

Remit of Ombudsman for Children in School Complaints: Discussion

1:00 pm

Photo of Jim DalyJim Daly (Cork South West, Fine Gael)
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I will be as brief as I can. I thank Mr. Walsh and Dr. Muldoon for their responses. I wish to echo what the Chair said and I did not introduce that in my opening remarks. The amount of appreciation across the sector for the voluntary nature of boards of management, the time commitment and dedication from us as parents is enormous. It is voluntary, but the issue I am getting at is that there could be a bad apple in the bag of a hundred. Grievances carried by parents are difficult to listen to, and they feel frustrated. I absolutely concur with the Chairman on that.

I am not surprised that the Ombudsman for Children is not supportive of an ombudsman for education. The Department is not supportive either, nor is the Teaching Council. I do not think the Minister or the unions would be that supportive, although I cannot speak for them. That does not derail me from where I am going, however. As a legislator my job is to legislate and I do not react to the say-so of the more permanent government. My job is to legislate where I see a need to do so, and I will continue with that. Saying that the Ombudsman for Children can deal adequately with what I am raising here is the equivalent of saying that the Minister for Children is responsible for the Department of Education and Skills. I do not think one can say that. Education is difficult and complex, and there are many avenues to it. It has been built up over many decades with archaic structures in place which are difficult to understand.

I have been closely associated with a number of constituents who have contacted the Office of the Ombudsman for Children, and people who have come to me since I raised this issue. They have found some of the language used by the office to be difficult. I explained this before when I met with Dr. Muldoon. Much of the language used by his office can be off-putting. An ombudsman for education would be far more approachable than the Office of the Ombudsman for Children because of its very limited remit.

I asked specifically for numbers as opposed to percentages, which is what I sought from Dr. Muldoon's office. I appreciate if he cannot give them to me today, but I would appreciate it if he could do so in future. I would like to know the number of complaints that were education-related, since the inception of the office in 2004, and the number of these that went on to investigation.

I am referring to numbers rather than percentages because my issue is that, for a variety of understandable reasons, the Ombudsman for Children does not investigate many of the complaints. Many parents receive letters saying it is not appropriate or whatever.

Boards are voluntary in nature. When I was a principal I was told by a union official that there were three requirements for the chairperson of the board of management, namely, that he or she was Catholic, GAA and Fianna Fáil. I know that is an antiquated view, but it is still relevant in a small number of places. That was the mindset once upon a time. That is not to say that there is anything wrong with being Catholic, GAA or Fianna Fáil.

Teachers are often the victims of decisions taken by boards of management or are bullied by other teachers. That is nothing to do with the Ombudsman for Children. I am anxious to see their rights vindicated. An ombudsman for education would further protect the reputation of a teacher. I could allege that my child is being bullied by a teacher, and there is no avenue to appeal that claim or make a complaint. Such a teacher would never be vindicated and the charge can stand.

If I cannot get the numbers for which I asked today, I would like them at some stage. I again thank the witnesses.