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

Ms Nuala Ward:

I do not have the figures for 2004; we only brought the data for 2014. It is very important for the key message to go out today that we are effective in managing complaints about education. As Dr. Muldoon mentioned, in 2014, 47% of complaints to our office were to do with education. It is important to emphasise that these queries do not relate solely to schools; we are involved wherever children talk to the education sector. For example, we deal with complaints in respect of the National Council for Special Education, the State Examinations Commission and the Department of Education and Skills. That strong systemic approach is a key strength of our office and of the legislation.

Three quarters of the complaints concerning education are to do with individual schools. There might be a perception that all we do is conduct investigations but, in fact, they make up a very small part of our work. We strive for local resolution, which is the key role and function of an ombudsperson. The majority of such cases receive a service from us, but the service will vary depending on the need. Some parents contact us because they simply do not know where to go or, for instance, they are seeking advice and support in advance of a meeting with the board of management which they may find intimidating.

That type of support is a key part of our role, and that occurs for 62% of complainants who come to our office.

Sometimes issues become more complex. That still will not be an investigation but we spend a lot of time working directly with parents, boards of management and children to try to seek a local resolution. That is the best outcome because it is fast and effective, and must be in the best interests of children. We have travelled throughout the country and engaged with people. As members can imagine, when complaints are made we are talking about a very human relationship and therefore emotions can be high by the time we have been asked to step in. We have found that, in many ways, our impartial role can be a very powerful agent of change.

Of the 37% of those cases in which we were more involved and active, we found that we were very effective in seeking local resolution. That could be a child coming back into school or mediation, where the two parties have agreed to come together. All of those are powerful resolutions, and they are timely for children.

It is important to note that at this stage we can also make encouraging suggestions. I hear what the member said about powers of compellability but we have been very effective in getting boards of management involved. After we have done this work with them they have changed policies and learned from the process. They do not want to make the same mistake again. They have amended their bullying and complaints policies and circulated the complaints procedure. They have made many important changes that not only affect the individual child but all children in the school, and future children who will be placed in the school.

We had three investigations in 2014, which were complex issues. As they are ongoing it would not be appropriate for us to talk about them now, but some of the investigations we have published in the past are those in which we have advocated for more systemic changes for children.