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 Gerard CraughwellGerard Craughwell (Independent)
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After leaving these meetings, Dr. Muldoon must feel nothing but education exists in our heads. I can reassure Deputy Daly in that I do not think the teaching unions would have any difficulty whatsoever with an education ombudsman, provided he she did not stray into the area of teacher discipline. We have the Teaching Council to look after that.

That brings me back to Dr. Muldoon's office and its engagement with various groups. He mentioned he engaged with the IPPN and the NAPP. Having been involved in the drafting of school policies in the early days, I was always concerned about the fact that there are recommended templates from an office such as the ombudsman or elsewhere. My experience has been that boards of management usually rubber-stamped a policy that was put in place by staff. That was great if staff were discerning, well up to speed and prepared to share. Indeed, most of the policies with which I was engaged were the result of shared knowledge across the sector. I am concerned that standards are not in place. If the Ombudsman for Children is not engaged in that process I would like to see him so engaged.

Dr. Muldoon mentioned section 5 of the Teaching Council Act. I would hate to think his office was starting to dabble in that because we have enough trouble with section 5, in terms of allowing those who are allowed to engage with the area to deal with it and be damned.

We recently passed the Gender Recognition Act. Only two weeks ago I was approached by teacher who asked whether I knew the school would be admitting a boy who has become a girl. I pleaded ignorance for a few minutes. The person concerned said she would not go to the toilet, nor would anybody else, while he was in the school. It always strikes me that we close the door after the horse has bolted. Surely processes and procedures should be in place to deal with such issues.

Does Dr. Muldoon's office have any role in preparing for legislation he knows will be passed in order that we have policies in place to protect children? We have agreed that gender recognition can be dealt with for those to aged as young as 16, I understand, with medical and parental support, etc. That means children as young as those of junior certificate age are having to cope with these things.

I refer to direct provision, which Deputy Daly mentioned. If the Ombudsman for Children had the power of enforceability we would never have encountered the refusal of education to children in direct provision some years ago. I support Deputy Daily on the notion of an education ombudsman. I am not so sure that I want such an office to operate outside the Office of the Ombudsman for Children, but I support the concept and would do everything I could to support such a proposal as it made its way through the Houses.