John Perry (Sligo-North Leitrim, Fine Gael) | Oireachtas source

I thank the Senator for raising this important issue and for giving me the opportunity, on behalf of my colleague, the Minister for Education and Skills, Deputy Ruairí Quinn, who regrets he cannot be present, to outline the current position regarding this case.

The child in question is enrolled in a special school. This school has a staffing of an administrative principal, 14 class teachers and 27 special needs assistants to cater for the 99 pupils enrolled. This is an overall staff to pupil ratio of one staff member per 2.4 pupils in the school. The National Council for Special Education, NCSE, has advised the Department of Education and Skills that it considers this level of staffing sufficient to meet the special educational and care needs of all the pupils enrolled in the school, which includes the child in question.

In October 2012, an application for home tuition for the child was submitted to the Department of Education and Skills under section 2(b) of the scheme, that is, children with special educational needs who are awaiting an educational placement.

Eligibility for tuition in this regard is determined in consultation with the National Council for Special Education, NCSE, through the local special educational needs organiser, SENO. The SENO in question verified that a placement remained available in the special school in which the child is currently enrolled. Consequently, the application was refused, as funding for home provision arises only where a place is not available.

The Department operates another home tuition scheme where the child does not have a school place, is without the offer of a school place and on whose behalf a school place is being actively sought or a section 29 appeal is being taken. This home tuition scheme is an interim measure pending the offer of a school placement. I understand that an application for home tuition was again refused because a school placement was available.

The National Educational Welfare Board, NEWB, subsequently appealed the Department's decision on home tuition on behalf of this child's parents. The appeal was rejected on the same grounds, namely, that the child remained on the roll of the school in question and a placement was available for him there, as a consequence of which the home tuition scheme could not apply to him.

Regarding the role of the NCSE in these matters, the position is that there is no formal requirement for continued NCSE involvement once a placement is available for a child. In this case, however, the SENO has been advised that the boy's parents might seek assistance regarding an alternative placing and the Department of Education and Skills is happy for the SENO to provide support in respect of any option they are considering.

The NEWB has a particular role in securing a return to school of a child who has been withdrawn regardless of whether a special educational need exists. I understand that the NEWB has been assisting the parents in attempting to secure an alternative school placement for their child.

The Senator referred to parental concerns and I fully respect the fact that this is a sensitive case. I should clarify that, under the provisions of the Education Act 1998, the board of management is the body charged with the direct governance of a school and with employing school staff. Accordingly, whereas the Department of Education and Skills provides funding and policy direction for schools, it does not have any power to instruct schools to follow a particular course of action regarding individual complaints.

If a parent or guardian is still unsatisfied after having brought a complaint to the attention of a school's board of management, he or she may write to the Office of the Ombudsman for Children, which may independently investigate complaints relating to the administrative actions or inactions of a school recognised by the Department of Education and Skills, provided that the parent has fully followed the school's complaints procedures. The key criterion for any intervention by the Ombudsman for Children is that the actions of a school have or may have adversely affected the child.