Joe McHugh (Donegal, Fine Gael) | Oireachtas source

Amendment No. 4 would require the grievance procedures under the charter guidelines to include an explanation of the role of the Ombudsman for Children under the Ombudsman for Children Act 2002 as it relates to complaints against schools. On Committee Stage I advised the House that while I did not think it was necessary for the Bill to provide the grievance procedures set out the role of the Ombudsman for Children, I would have my officials consider this issue further with a view to bringing forward an amendment on Report Stage if required. Having examined this proposal further, I am satisfied that including this in the Bill is not the appropriate way to achieve the Senator's goal. As the Senator is aware, the role of the Ombudsman for Children is set out very comprehensively in the 2002 Act. I acknowledge that the Senator has adjusted this amendment to refer to the role of the Ombudsman for Children insofar as it relates to complaints against schools. However, there are many provisions in the Act which governs the ombudsman's remit regarding complaints against schools.It is not appropriate, nor would it be possible, to summarise in this Bill or in school grievance procedures this extensive legislation or to attempt to summarise the various conditions and provisions that apply to the role of the Ombudsman for Children under the 2002 Act insofar as it relates to schools. Doing so in this Bill risks casting doubt on or limiting the statutory role of the Ombudsman for Children under its own legislation. For the same reasons, it would also not be appropriate to require schools to provide an explanation to students or parents of the role of the Ombudsman for Children. The appropriate body to do this is the office itself. I will, however, make it a requirement under the charter guidelines that the grievance procedures would require that schools must always inform students or parents of the fact that they may be able to make a complaint to the Ombudsman for Children. I also intend that schools would be required to provide students and parents with contact or website details of the Ombudsman for Children in order that they can make their own contact with the office to determine independently whether a complaint can be made.

I strongly agree with the Senator that this is very important information for students and parents and I will ensure this requirement will be included in the guidelines on the grievance procedures. However, for the reasons I have outlined, the approach to setting this out in primary legislation is not appropriate and it may cast doubt on or potentially limit the remit of the Ombudsman for Children with respect to schools.

On Committee Stage I advised the Senator that I needed more time to consider what is now amendment No. 6. Since Committee Stage, my Department has undertaken significant further analysis of the matter and engaged with the Ombudsman for Children, the Department of Children and Youth Affairs and the Office of the Attorney General. With this matter I am endeavouring to balance factors such as the valid issues raised by the Senator, the current legal framework under which the Ombudsman for Children operates, the autonomy of schools and a general desirability that grievance procedures at school level would be followed before the Ombudsman for Children would become involved in a complaint. These are complex and interrelated matters and great care is required to ensure we get the balance right.

I agree it may be appropriate for the Ombudsman for Children to intervene in some limited cases, such as where a school is deliberately delaying or frustrating local grievance procedures, but I must also balance that against a need to ensure the matters should be resolved at local school level where possible. That is the best and most satisfactory approach for both students, parents and the schools involved. It is better for all concerned if, in the first instance, the school considers and deals with the grievance at local school level, even where the outcome is not to the satisfaction of the complainant. This gives all parties the opportunity to present the position and come to an understanding of the perspective and position of the other parties. I also do not want to create a position where students and parents may be confused about any perceived overlap between the local school grievance procedures and the Ombudsman for Children complaints procedure. I am therefore not fully persuaded at this time that deleting section 9(2) entirely would be an appropriate step.

I am exploring, however, whether an approach that instead sets some limits on section 9(2) or qualifies it in some way would be more appropriate. The aim would be to ensure that for the majority of cases, the local complaints procedures would have to be exhausted, but it must also cater for those exceptional cases where awaiting exhaustion of the local process would not be appropriate. There are complex legal and practical considerations that require further work before I will be in a position to decide the best way to do this. I acknowledge the Senator's efforts in communicating with the Department and putting forward her views on the matter. I assure her I will continue this work with a view to bringing forward an appropriate amendment on this matter once the various legal and other issues are teased out. I cannot accept the amendment but I assure the Senator that we will continue to work on this matter with a view to resolving the complex issues involved.