Mary Moran (Labour)
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I welcome the Minister of State, Deputy John Perry. I would appreciate a comment or response from the Minister for Education and Skills, Deputy Ruairí Quinn, on the case of a young ten year old boy whose parents have withdrawn him from school due to their concerns about him. I sent the details to the Minister for Education and Skills a few weeks ago and I hope he provided them to the Minister of State, Deputy Perry. I understand they are also under investigation by the Garda.

The little boy has multiple and significant special needs. He has been diagnosed with an intellectual disability, Down's syndrome, arthritis, Down's syndrome atrophy, sleep apnoea and hearing loss. He also has a cardiac condition. Unfortunately, this ten year old boy has been out of school since last April, due to the concerns I outlined to the Minister. Significantly, it must be taken into consideration that the boy is non-verbal, which raises huge communication issues. Nobody knows a child better than the child's mother, and his mother reported that the child had become very withdrawn and unhappy at the school he was attending. Since she removed him his general health and overall mood have greatly improved.

His parents are extremely anxious that he return to full-time education. I have met the little boy and his parents. I concur with them that he needs to be in education. However, they have genuine concerns about the school at which he is currently enrolled. They did not make the decision to remove him lightly. Indeed, they only did so only after a series of incidents over a two-year period. The boy is on a waiting list for two other special schools but there is no guarantee that a place will become available for him. In the interim, the parents applied for the home tuition grant to ensure he could continue his education. Unfortunately, this has recently been refused and the child has not received formal education for the past eight months. The home tuition grant for a child with special needs is granted only where a child is waiting to be placed in a suitable placement. The reason given for the refusal was that the child still has a place available to him in the school he was attending. The parents believe this is not in the best interests of the child and argue that a placement in a suitable school is not available at present. They believe there should be a review of this decision.

I ask the Minister to address the situation in order that this young boy can return to formal education as a matter of priority.

John Perry (Sligo-North Leitrim, Fine Gael)
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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.

Mary Moran (Labour)
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The Minister of State, Deputy Perry, always seems to take those Adjournment debates where I am not happy with the response. I am very disappointed in this instance. Where a child has an intellectual disability or, as in this case, special needs, we must consider each case individually.

If the child was attending a normal school, that is, one that was not a special school, his parents could just send him to a different school in the area if that was their preference. Unfortunately, as the child is attending a special school and no other special school is available, he is caught in a terrible loop. His parents are clearly unhappy with his current placement. They have noticed a significant improvement since removing him. Surely, where they send their child to school is a matter of parental choice. He has been out of school since last April, some eight months ago, and priority needs to be given to his case. We owe him the right to an education.

John Perry (Sligo-North Leitrim, Fine Gael)
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I do not want to repeat anything that has been stated but, in fairness to the Minister, Deputy Quinn, the reply was comprehensive. Meaningful negotiations are under way and the NEWB has been assisting the parents in attempting to secure an alternative school placement for the child.

Mary Moran (Labour)
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They have been given no guarantee of a place in September.

John Perry (Sligo-North Leitrim, Fine Gael)
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No, but meaningful negotiations are under way. The school has 14 class teachers and 27 special needs assistants, SNAs, to cater for the current enrolment of 99 pupils. The parents are unhappy with the situation in the school but the Minister is doing everything that he can. The school has autonomy, in that the Department can set policy but cannot give exact directions in respect of specific matters.

I am sure the outcome will be satisfactory. The Minister is determined in this regard, although he does not have the power to involve himself directly. Nor would one expect him to. In fairness, the Minister is doing everything that he can and has not been criticised. Meaningful negotiations are being held with the parents and the NEWB to determine how best to rectify the situation. I am certain that, after a calm, cool debate, it will be resolved.

Mary Moran (Labour)
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Hopefully. I thank the Minister of State.