Lynn Ruane (Independent) | Oireachtas source

I would like to speak on it. Most schools have school liaison teachers. In west Tallaght, there are two schools in Killinarden and Jobstown. Some of the parents there do not have even a second level education. Instead of being a cost to the State, it could be arranged between the schools to have somebody who can advocate for the students and help them at every stage in the appeal process. For example, the Killinarden school-home liaison teacher might be called upon to support a child in Jobstown Community School to develop his or her appeal. The independent person could come from another school or a pot of staff. I ask the Minister to think about how we can support the most vulnerable families in bringing a solid case. I was 15 when I had my daughter. If I had to bring a case for her when I was younger, it would not have been as solid and as well thought out as one I could bring now. If a person is at that disadvantage he or she should be able to have an advocate. Maybe we could consider other ways that do not involve a cost to the State to make that happen.

Amendment No. 10 deals with what the Minister spoke about, that the board should have to admit the student. It is the same as amendment No. 2 but instead of referring to a decision by an appeals committee, it proposes that if an appeals committee finds that the board acted in error when refusing a student admission, it must be forced to admit the student, not to simply increase his or her ranking on a waiting list. I take on board all that the Minister has said on this. I will go away and consider the drafting in respect of how it is carried out, rather than focusing on the amendment.

Amendment No. 11 seeks to insert a paragraph:

(5) Following receipt of a decision under subsection (2), an applicant may seek a review by the Minister of the decision. Following the review, the Minister may direct the appeals committee to proceed to determine the appeal under section 29, notwithstanding any decision under subsection (2).

I am concerned that the obligations under this Bill on the details and conditions under which an appeal can be heard are relatively complicated. Moreover, families and students with lower socioeconomic means will struggle especially. Under the proposed section 29F, an appeals committee is given wide-ranging abilities to decline to hear an appeal if it views it as frivolous, if a certain strict timeline is not met, if all the documents have not been supplied or on various subjective grounds under subsection (1)(f). I am trying in this amendment to give a family that struggles to meet the high administrative requirements under this section a last chance option to appeal to the Minister and ask him or her to review their case and have the applicant heard. We are talking about a student being suspended, excluded or denied admission to school. It is a serious issue with long-term ramifications for the child. We need some option for a final chance for appeal, especially for families where there is an information or knowledge deficit.

This amendment ties in with the one that was ruled out of order. It might not be needed if the previous one had not been ruled out of order and we could have an independent advocate because then the child might not fall through the gaps by not meeting a requirement, leaving something out of a form, filling in the wrong part of a form or whatever it is that has led to his or her appeal being denied. The Minister needs to consider the class aspect of appeals and have some sort of safety net. If it is not inserted through this amendment, it needs to be done through a person who can be identified and can support those from lower socioeconomic backgrounds in meeting all requirements to make their appeal.