Catherine Byrne (Dublin South Central, Fine Gael) | Oireachtas source

I am here on behalf of the Minister for Education and Skills. I do not know about the other Ministers in question. I thank the Senator for raising this important issue. I understand the impact it has on him as a former teacher. I wish to advise him that the well-being and safety of children should be at the centre of all policy and practices in school. The board of management of each school is responsible for the care and safety of all of the pupils in their schools. Schools should supervise and support children who are distressed or out of control until they have recovered and are able to re-engage in the classroom. This may mean the temporary removal of a child from the environment where the problems have arisen in some circumstances. Schools have a duty of care to all their students and any action taken to manage behaviour must be proportionate. Schools are not required to report such interventions to the Department.

The educational welfare service of Tusla, which is now under the aegis of the Minister for Children and Youth Affairs, has developed guidelines for schools on codes of behaviour, which all schools are required by law to have in place. The guidelines advise that specialised behaviour management strategies, such as the use of restraint, should not be used without expert advice, training and monitoring. In particular, the guidelines point to certain sanctions which are regarded as inappropriate, including leaving a student in an unsupervised situation while in the care of the school. All parents must be made aware of behaviour management strategies employed by the school. There is a range of guidance, advice and support available to schools, including from their local National Educational Psychological Service, NEPS, psychologist and the NCSE's support service. Training is also available for teachers and schools.

The Department is working on the development of guidelines for schools on responding to crisis situations and complex student behavioural needs. These guidelines will be informed by advice from the NCSE. The Department will consult the education partners on them as well over the coming months. It is anticipated that they will be finalised by the end of this school year. The guidelines will be underpinned by the principles that such intervention is never used for the purpose of discipline, it should be applied proportionately and it should last only as long as is necessary to de-escalate the situation. The guidelines will also underline the importance of continued supervision of children during a crisis period, including matters related to behaviour. It is also expected that the guidelines will underline the importance of recording such incidents and how they are managed.

Where a parent, or any other person, has concerns about the care or safety of a child in school, they should report these concerns to the board of management of the school in the first instance. Where a parent or other person has a concern about the welfare or protection of a child in a school they may report the matter as a child protection concern to Tusla. In 2017, the Department received one child protection complaint, which referred to concerns relating to seclusion, and this complaint was dealt with in accordance with departmental procedures, including referral to Tusla. There were no child protection complaints received in respect of restraint.