Fidelma Healy Eames (Fine Gael)
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This is a very disturbing case. I am asking the Minister for Education and Skills to investigate the serious case of an 11-year-old boy. I have given the boy's name and school to the Department. He has high-functioning autism and ADHD. His rights appear to be infringed in that he is not receiving an appropriate education for his needs. He has been locked in an isolation room from 15 to 18 January and he now faces expulsion because he is unable to do his schoolwork. The parents have given me the details of the case. I have not met the child or the parents but they have asked me to put on record the case of Oisín, who is attending Clocha Rince national school, Moyvalley, County Kildare. I have been contacted by friends who are friends of the family.

It appears the boy has challenging behaviour. He has high-functioning autism and he attends the school's ASD unit, where he was mainstreamed against the parents wishes and the best professional advice available to the school. The services he requires, such as occupational therapy, speech and language therapy, psychiatry and psychology are delivered by the westside Beechpark services team working out of Johnstown, Naas. The boy also has a behavioural analyst supplied and paid for by Irish Autism Action. Once every two months, for the past two and a half years, the multidisciplinary team met to assess Oisín's progress and to deal with any matters that have arisen since the previous meeting. His behaviour has been a major concern for the team, which is acknowledged by the parents. His behavioural analyst has made recommendations on how to manage his behaviour to the team and the school has constantly ignored the recommendations, according to the parents.

At the end of the school term, last July, the parents were informed that the resource hours Oisín was receiving were to be taken away because he was in the unit and was not entitled to them. The problem is that the unit did not put anything in place for Oisín and the progress made in the past number of years started to be lost. The family started the 2012-13 school year with Oisín spending all day in mainstream education, with no resource hours of any kind. He was struggling to comprehend maths. He is now receiving nothing in terms of special education, in keeping with his attachment to the unit and his educational needs.

Before the Christmas break, he had a number of days where he spent almost the entire day in what is called the isolation room or the quiet room. It is an empty 8 ft by 6 ft space that Oisín is taken to when he has a meltdown or when he needs some time out. The room is used with the parents' permission but only for short times and was never intended to be used for hours on end. The December issue was resolved and the principal turned down an offer by Beechpark to have the January multidisciplinary team meeting changed to December, saying he was happy that everything was sorted to his satisfaction. Upon the recommencement of the school year in January, after the Christmas break, it became clear Oisín was having a lot of trouble being in the mainstream class all day. His lunch breaks were usually used as punishment to get him to complete his schoolwork because his use of the OT room had been stopped since before Christmas. This was also some form of punishment. Everything a child with ADHD would need during a school day, including movement breaks, yard breaks and OT, were taken from him.

On Monday, 14 January, the parents report that Oisín had an okay day at school but the next day, the trouble started. By close of school on Tuesday, 15 February, he had spent the better part of the day in the isolation room. By Wednesday and Thursday, 16 and 17 January, he had spent two entire days in the quiet room. It was made clear to the staff that the parents did not believe this was working but they were told to stick with it. By Friday, Oisín had had enough. On Friday morning, 18 January, he was in a distressed state and had not been sleeping well because he was concerned that he would be locked in the isolation room again. Oisín's mother had to leave to bring her sick mother to hospital in Dublin but explained to the teacher that she had grave reservations about leaving her son there because of the distressed state he was in. His distress was made worse by the fact he had been told he could bring his skateboard into school and it was then taken from him. The teacher and the SNA assured the mother everything would be fine and told her to head off on her way. A text sent at 10.30 a.m. told the mother he was okay and that all was under control.

Within an hour, phone calls were being received from the school by both parents. Oisín's father has Parkinson's disease and was not in a position to drive so the mother had to leave her sick mother in hospital in Dublin and return to the school, not knowing what was the problem.

Terry Leyden (Fianna Fail)
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The Senator's five minutes are up.

Fidelma Healy Eames (Fine Gael)
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This is so critical to put on record.

Terry Leyden (Fianna Fail)
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I know it is critical but everything is critical.

Fidelma Healy Eames (Fine Gael)
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Will the Acting Chairman listen? I beg his indulgence.

Terry Leyden (Fianna Fail)
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It is the job of the Minister of State to listen.

Fidelma Healy Eames (Fine Gael)
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When Oisín's mother arrived, she found access to the corridor blocked. She was met by the deputy principal and brought into the secretary's office. She was told gardaí were on their way. When she saw her son, he had cuts to his forehead and blood coming from one nostril. Later that evening, a number of shards of glass were removed from his feet and hair. He had broken the window in the isolation room to get out.

I could say much more but, having been an educator myself, it appears we have a boy with challenging behaviour. All types of hope are being offered to the school. The resource hours were stripped from him and the school has not been availing of the help available. Under the Education Act, under the Education for Persons with Special Educational Needs Act and under the Education (Welfare) Act and in respect of child protection issues, there are serious issues.

Terry Leyden (Fianna Fail)
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We will hear the Minister of State's reply because the Senator has taken six minutes and 18 seconds.

Fidelma Healy Eames (Fine Gael)
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There is a meeting at five o'clock-----

Terry Leyden (Fianna Fail)
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The Senator made a very good case. The Minister of State can reply.

Fidelma Healy Eames (Fine Gael)
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If I can just finish with one sentence-----

Terry Leyden (Fianna Fail)
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I am chairing the session and six minutes have elapsed------

Fidelma Healy Eames (Fine Gael)
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The principal is offering expulsion to the child but that gives rise to the question of where he would go.

Ciarán Cannon (Galway East, Fine Gael)
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I thank the Senator for raising the matter. The policy of my Department is to ensure all children with special educational needs can have access to an education appropriate to their needs, to secure the maximum level of inclusion of students with special educational needs in mainstream schools or, where a special school or special class placement may be required, to ensure that such placements are provided for. The National Council for Special Education, NCSE, is responsible, through its network of local special educational needs organisers, SENOs, for allocating additional teaching resources and special needs assistants, SNAs, to schools, to support children with special needs, in accordance with my Department's criteria. The NCSE has advised that the child referred to by the Senator is enrolled in a special class for children with autism spectrum disorder, ASD, attached to a mainstream national school. My Department provides enhanced pupil teacher ratios in ASD classes of 6:1 to provide dedicated teaching support for children in such classes. SNA support is also provided in special classes to assist with the care needs of children. Many children who attend special classes ultimately integrate into some mainstream classes during the school day in accordance with my Department's policy of inclusion and taking into account the abilities and needs of each child.

I understand the child referred to by the Senator attended both the special class and mainstream classes in the school. I understand that the school received SNA support to cater for the care needs of the child concerned. The NCSE has capacity to review the levels of SNA support provided to schools. The NCSE has advised my Department that the child referred to by the Senator is currently suspended from school. The NCSE has also advised that a meeting has been arranged between the child's parents, the principal and the board of management of the school, in order to consider the suspension of the child, and the child's education in the school. This meeting will take place this afternoon, Thursday, 7 March.

It is appropriate that such a meeting should take place and in circumstances where a parent is dissatisfied with the manner in which education is being provided to the child in school, the parent should bring this matter to the attention of the school's board of management. Under the provisions of the Education Act 1998, the board of management is the body charged with the direct governance of a school and employs the staff at the school. If a parent or guardian remain unsatisfied, having brought matters to the attention of the school board, they may bring the matter to the attention of the Office of the Ombudsman for Children.

If a parent wishes to report a child protection concern, he or she may do so to the school board of management, to my Department or to the Health Service Executive, which will deal with this report in accordance with established guidelines and procedures.

I am hopeful, however, that the meeting which has been scheduled for today will be able to resolve any matters of concern the parent or the school might have. I can advise that in circumstances where a child has been suspended from school for more than 20 days of the school year or has been expelled from a school, the parent or guardian of that child may appeal such a decision to my Department under section 29 of the Education Act. I understand that the parents of the child in question have been made aware of this right of appeal. I thank the Senator again for raising this matter.

Fidelma Healy Eames (Fine Gael)
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I have given the Minister of State the details of the case. This boy has not been in school since 18 January and it is now 7 March. If that was his child or my child, we would be very worried. I note there is recourse to the Office of the Ombudsman for Children, etc. Does the Minister of State think this is good enough, based on what he has read and heard?

Ciarán Cannon (Galway East, Fine Gael)
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I am confident the meeting taking place this afternoon may resolve the issues which have arisen. Ultimately, responsibility for the governance or running of the school rests with the board of management. If the parents are not happy with the decision taken by the board of management, they have recourse to a higher appeals process and they are aware of those options. From the reply given to me and from the indications received locally, it is the intention to resolve these issues through discussion and co-operation and collaboration with the parents and the child concerned.

Fidelma Healy Eames (Fine Gael)
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Why was home tuition not provided in the meantime? This child has had no schooling since 18 January.

Ciarán Cannon (Galway East, Fine Gael)
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I am not aware of why home tuition was not provided.

Fidelma Healy Eames (Fine Gael)
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I presume it is possible to apply to the Department for that.

Ciarán Cannon (Galway East, Fine Gael)
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Yes.