Gary Gannon (Dublin Central, Social Democrats) | Oireachtas source

In April of this year, when the Ombudsman for Children report entitled Mind The Gap: Research on Barriers to the Realisation of Rights of Children with Disabilities in Ireland was published, the Ombudsman for Children, Dr. Niall Muldoon, talked about how children with disabilities are not seen, not heard and not counted by the State.

These children and their families face so many barriers day in, day out. They must fight so many battles, whether that is looking for diagnostic assessments or delays with service provision. Despite having a constitutional right to an education, for too many children, it also includes battling for an appropriate school place.

We understand the rationale for bringing forward this emergency legislation and we will be supporting this Bill, although we believe the amendments are necessary and that more resources are required. I want to point out for the sake of all those children and their families, who have had to endure sometimes years without a school place, that this is an issue that has failed to be addressed for some time now.

It is thanks to the persistence of families, hard-working advocacy groups, all the disability groups, schools and the Ombudsman for Children, who ensured this issue is now on the political agenda and is considered a problem worthy of a solution, that we are here today. I commend each and every one of them for consistently raising their voices and for never giving up. No child or family should ever have to endure such stress and anguish again. They deserve so much better than that.

It is thought that approximately 100 children are currently without a school place for this coming September. Again, I will point out that this number is not exact. While data capture has improved somewhat over recent years, much more work must be done to ensure those data are centralised, up to date and exact. I hope the Minister can speak to this further. What, if anything, does the Department plan to do about this? Will the Minister follow the recommendations of the Ombudsman for Children's report that was published a very short while ago?

It is imperative the Minister and the Department recognise the extreme difficulties some schools face when seeking suitable resources for children with special education needs. Every school wants to provide every child with as high a standard of education as is possible. To do this for all children, in particular those with special educational needs, it is vital that appropriate resources are made available to schools. That may include specialised equipment, enough special education teachers, SNAs, suitable accommodation, sensory rooms, access to timely multidisciplinary assessment for children, assistive technology and software and wrap-around services such occupational therapy, psychology, speech and language therapy etc.

In the case where a school has a legitimate concern about a lack of resources to be able to meet the needs of a child or several children, what is the plan to manage this going forward? Schools must be supported when opening special classes. The reality is too many are not receiving the resources they need to deliver the education every single child deserves.

Every one of us in this House has heard from families whose children have been denied a school place. We have heard how difficult it is to get information, how special educational needs organisers are attached to schools and not individual children, and about the delay in receiving a diagnosis that then outlines what educational setting is best for a child. Every one of us also hears from schools regarding how difficult the process is to request resources and appeal the decisions that denied them those resources. We hear how time-consuming it is and how they wait months for a response only to receive "No" for an answer. Then, they must apply for an exceptional review and wait all over again to get the same answer, or an increase so small it makes no difference to their lived experience.

To truly end this emergency, places must be made available and resources provided as needed. There can be no other way. We know some schools have done much of the heavy lifting in the provision of special classes up to now. Schools have a disproportionately high number of children with special educational needs in mainstream classes in some areas, in particular DEIS and developing schools. All the while, we know some established schools in more affluent areas have no special classes at all. If we are to be able truly to resolve this issue, all schools should be treated equally and mutual trust and respect must be restored.

Significant damage has been done over recent days, which I will talk about a little bit later in my commentary. The ball is in the Minister's court to ensure any school that accepts children with special educational needs in mainstream classes, or that is opening a special class in September 2022 or later years, is provided with the resources it needs. We must remember that not all resources can be determined in advance. Flexibility must be provided to these children. This is not one-size-fits-all scenario. This is how allocations are currently decided and this has to change.

One of the major concerns I have around this Bill is that it does not appear to do anything to ensure children who require a place in a special class will be entitled to attend a school in their local community. The Ombudsman for Children estimates that 15,500 school-aged children have to travel outside of their school catchment areas to get to school. Families and advocacy groups have spoken at great length as to how important it is that children are educated within their communities. Children must often travel long distances to get to school each day. They drive past the local school their brothers and sisters and many children in their community attend. They are missing out on opportunities to make friends with children who live nearby and establish a support network. They are missing out on being part of the area and feeling valued and included. They are being denied a sense of belonging and identity to their community as a consequence. They then arrive at their school tired and anxious as a result of this long journey. It is not exactly a great start to their day. It is heartbreaking to think about this but that is the reality for 15,500 children and their families each and every day. How will this Bill seek to rectify this issue? Has the Minister any plans to address this? How will she ensure these children are able to attend their local school just like any other child?

While this Bill does not explicitly exclude post-primary schools, we know from the briefing note that the intention of the Bill is to address capacity within primary and special schools. Post-primary schools are not mentioned at all. If we think the lack provision of special classes at primary level is bad, the numbers at post-primary level are worse again. Will the Minister reassure us this Bill will apply to all schools and that all schools will be adequately resourced based on the needs of each child?

Another issue that must be discussed, which goes hand in hand with this, is the delays children face in accessing diagnostic reports that outline which educational setting will best suit their needs. Will the Minister please advise if her intention is to review the Disability Act 2005 and to seek to commence all parts of the Education for Persons with Special Educational Needs Act 2004? Will schools be able to access timely multidisciplinary assessment as and when required?

Another major concern relayed to us by parents is that special classes be opened in appropriate settings. I know, and I am sure others have heard, of special classes that have been opened in kitchens, offices and classrooms that are too small. These were intended to be temporary but children have spent their entire primary school years there. They do not have the space. There is no quiet room, office for staff to work in or PE hall. They do not have access to a sensory room. How long will children have to spend in inappropriate settings such as kitchens rather than classrooms? These very legitimate concerns have been flagged by many schools and the question deserves a comprehensive response.

Will the Minister confirm that any other works required to make such spaces usable can be managed by a project manager provided by the Department of Education if schools require assistance to get projects over the line in time for September? Will she confirm that, where extensions are necessary for schools to be able to provide special classes, the Department and schools will be adequately equipped and resourced to ensure these can be built as quickly as possible? Again, I believe it is vital a project manager be provided by the Department to schools in this instance.

We know of schools that have been waiting one to two years for extensions to be completed. A number of schools are running into difficulty managing projects. Principals are spending much of their time chasing the Department, architect or builder. They are battling against supply chain issues, inflationary pressures and difficulties in sourcing tradespeople to carry out works. Will the schools be able to access full support from the Department, especially when such difficulties arise? I believe it is urgent given the timeframe of September 2022.

We know from parents, teachers and school leaders that many children with special educational needs are not currently in the right setting to meet their needs. We know this is caused by a number of factors including the lack of appropriate special places up to now, the fact we have too few special schools, and because children are waiting too long for diagnostic assessments not only to outline their needs but also to set out which educational setting is most appropriate for a child. Does the Minister have any plans to tackle this issue? Will she confirm whether it will be possible for schools to recruit all the staff they will need in time for the opening in September?

I have a number of questions relevant to this issue but I end by expressing my concerns around how four schools were publicly named and shamed on the Department's website and how this has been handled by the Minister of State over recent days. One of these schools is in my constituency. I understand the incredible work it does and the difficult scenarios under which that work is carried out, so I feel obligated to raise it here. This sort of thing is deeply frustrating and unhelpful. I will quote what the Minister of State said last Saturday:

They are not saying anything at the moment, they are just ignoring correspondence, that is not good for us, it’s a bit of a red flag so if we do not hear from them with a willingness to open a special class then we will move to section 37A process.

One of those schools is in my area so I feel obligated to raise this issue. Each of these four schools was able to show clear engagement to the Department. It is my view they have been misrepresented. One of the schools even had a visit from a Department official just one day before its name was published. Many of these schools already have a special class and have first-hand experience of being under-resourced. What surprised me most is the fact that some of the established schools nestled within the leafy suburbs of Dublin, which have no special classes at all, have not received the same treatment. I do not believe this is helpful in any way, shape or form. The relationship between the Minister, the Department and schools is vitally important to maintain and protect.

The school community is united in feeling angry and frustrated about how this was handled, as are the parents.

The Minister has to accept responsibility for this emergency. There must be an acknowledgement from her that the failure, time and again, to resource our schools properly is a significant part of the problem. She will say how much more money is being spent, but the reality is that it is not enough and the system is not working. Schools want to provide the decent level of education that each child deserves, and that goes a long way to explaining the lack of places at present. It is to be hoped this Bill will go some way to rectifying that. We will support it, but questions need to be answered.

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