Laura Harmon (Labour)
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I wish to ask what is being done to amend and improve assault leave for teachers and SNAs. With her consent, I will talk about the experience of a special education teacher, Sophie Cole. I had the privilege of meeting Sophie and her husband, Shane O'Brien, last November in their home in Carrigaline, County Cork. They are a young couple very much in love and starting out on their married life together. Their world was turned upside down and inside out when Sophie, a special education teacher with a clear passion, love and deep understanding of her profession and the children she teaches, was assaulted in the classroom in November 2022. Sophie's left hand was slammed into a steel reinforced table while at work. As a result, she has complex regional pain syndrome, one of the most painful conditions in the world. She has undergone many surgeries at great expense to try to get any relief she can from the debilitating and excruciating pain that she feels on a daily basis and the endless sleepless nights.

She has said that sometimes she has to look at her hand to make sure it is still there because it feels like the flesh is burning off it. She has had to become a full-time campaigner, when she can, for herself and many others who have experienced assault in the classroom. Three months after Sophie experienced this assault, her assault leave entitlement ended and she had to use up all of her sick leave. One day, without any warning, she received a letter through the door telling her she would receive no more pay. Sophie has lost her career and her wage and has incurred large medical bills. Her world has been turned upside down by this.

Her husband Shane sometimes has to take leave to take care of her. The couple has feared on many occasions that they would not be able to keep up their mortgage repayments on their home because of the financial pressure this has resulted in for them. Meanwhile, the State and Department of Education have completely let Sophie, and hundreds like her, down. The previous Minister ignored Sophie and I implore the new Minister to make time to listen and act. It feels like it is a case of, "Knock, knock, is anybody there? Knock, Knock, does anybody care?" when people like Sophie are trying to communicate how they are being affected by this.

We need to amend the circular relating to assault leave to ensure that financial assistance covers medical bills and therapy and to ensure that teachers and SNAs are covered for the duration of their medically certified leave so that there is information and adequate support available put in place for all teachers and SNAs. When will we properly value teachers and SNAs?

Sophie's social media page, Special Education Muinteoir, has hundreds of stories of people in similar situations, some with broken backs, damaged eyes, PTSD or facial paralysis, all because they were assaulted in the classroom. Many do not share their stories because they feel shame due to what has happened. I would argue that the shame is on the State for the lack of support. Our classrooms must be safe for teachers and children. We need multidisciplinary teams. As we know, there is a teacher shortage in this country because we are not looking after them properly in terms of their workplace conditions and pay. Unfortunately, we are exporting many of our teachers to places like Dubai.

The Labour Party was the only party to have this in our general election manifesto. A lot of people are not aware of the number of people who are suffering because of this. It is not anything that any aspiring teacher setting out on their career thinks about. They do not think it is something that will happen to them. I commend Sophie on her campaign and look forward to the Minister of State's reply.

Niall Collins (Limerick County, Fianna Fail)
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I thank Senator Harmon for raising this important matter of leave of absence following assault for teachers and SNAs.

Where a teacher or an SNA is injured as a result of physical contact from a third party causing physical injury in the course of their duties, and during approved school activities, they may apply for leave under the leave of absence following assault scheme. The provisions of this scheme are contained in the Department's Circular 0061/17 for teachers and Circular 0062/17 for SNAs. It provides for special leave with pay, subject to specified limits, for teachers or SNAs who are unable to perform their duties due to a physical injury following physical contact from a third party which happened in the course of their duties or during approved school activities.

The leave available under the scheme for leave of absence following assault is three months, or 92 days, at full pay in a rolling four-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, the leave may be extended for a further period not exceeding three months, or 91 days, at full pay, subject to an overall limit of six months, or 183 days, at full pay in a rolling four-year period. A teacher or SNA who has exhausted the maximum period of paid leave under the scheme for leave of absence following assault and who is still medically unfit to resume duty may avail of sick leave under the sick leave scheme, subject to the normal rules of that scheme.

The Department of Public Expenditure, NDP Delivery and Reform determines the terms and conditions of the leave schemes for public servants, which include teachers and SNAs. In this regard, the leave limits noted in the assault leave circular for teachers and SNAs were agreed with the education partners, consisting of the relevant unions, school management bodies and the Department, in conjunction with the Department of Public Expenditure, NDP Delivery and Reform. It is intended that the terms and conditions of the scheme will be reviewed in consultation with the education partners in 2025.

The employee assistance service, which is currently provided by Spectrum.Life, is also available as a supportive resource for teachers and SNAs following physical injury. The freefone confidential helpline is available 24 hours a day, 365 days a year. Supportive resources may include up to six sessions of short-term counselling. If the EAS recommends additional short-term counselling sessions with the teacher, the Department can facilitate this request.

It should be noted that, in accordance with section 14 of the Education Act 1998, it is the duty of the patron to appoint, where practicable, a board of management. The board of management is the body of persons, or the person, appointed by the patron to manage the school on his or her behalf, including issues surrounding health and safety. While the Department of Education has statutory functions in the setting of terms and conditions for teachers and SNAs, the Department of Education is not the direct employer.

Laura Harmon (Labour)
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I thank the Minister of State for his reply. It is welcome that this scheme will be reviewed, as has been promised, in 2025. We await that. It is very important that the unions and the teachers themselves are consulted as part of this. I know this is on the radar of Fórsa, representatives of which I will meet in the next week, and of the INTO. As regards the case I outlined of Sophie Cole and those of many others, six months is certainly not enough. We need to review and extend that. We certainly need to look at how we communicate this to those working in our classrooms in order that they are aware of it and know what their entitlements are. There is a clear lack of awareness of rights in this regard.

We look forward to further engagement, and I really hope the Minister, Helen McEntee, will engage as well on this issue.

Niall Collins (Limerick County, Fianna Fail)
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There is an established and agreed process to amend all circulars. Once discussions have concluded with the education partners and the Department of public expenditure, we will amend the necessary circulars to reflect the required changes.

The Department of Education developed new guidelines and published them on 12 December 2024. They are entitled "Understanding Behaviours of Concern and Responding to Crisis Situations Guidelines for Schools in Supporting Students".The Department established a working group to develop these guidelines for schools on the prevention and management of behaviours of concern where such behaviours pose imminent danger of serious physical harm to self or others in the school environment. The guidelines have been the subject of extensive consultation with education stakeholders and advocacy groups. They support schools to develop a whole-school, positive approach to behaviours, with particular emphasis on prevention, early intervention and de-escalation. The guidelines have been developed to take account of national and international legislative requirements, school governance structures and duty-of-care considerations directly related to supporting the well-being and safety of students and staff. The guidelines place a strong focus on prevention and on early intervention and de-escalation strategies for the management of crisis situations. Physical intervention may be employed only as the last part of a comprehensive, positive, planned behavioural approach by the school. It is intended the guidelines will be a live document and, as such, will be subject to review and updated from time to time.