Joan Burton (Dublin West, Labour)
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Question 238: To ask the Minister for Education and Science if her attention has been drawn to the case of a person (details supplied) in Dublin 15; if her attention has further been drawn to the fact that the person has been without education for a long period of time and is in need not only of education but of the stability of a school place; if intervention has been made by her Department to secure a school place for the person; and if she will make a statement on the matter. [11839/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Enrolment decisions are the responsibility of the Board of Management of each individual school. My Department has no role in relation to processing applications for enrolment by schools.

Section 29 of the Education Act 1998, provides parents with an appeal process where a Board of Management of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of Education Act 1998 to appeal that decision to the Secretary General of my Department. It is only where an appeal under Section 29 is upheld that the Secretary General of my Department may direct a school to enrol a pupil.

The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The NEWB can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700.

An appeal under section 29 of the Education Act 1998 was heard in October 2006 in respect of a refusal by a Special School to enrol the child referred to by the Deputy. The appeal was not upheld. In issuing its findings the appeals committee reported that the school in question was not an appropriate placement for this child in light of her educational needs. The child has been diagnosed with significant acquired brain injury and requires specialist advice and input regarding her educational placement.

The appeals committee recommended that the National Educational Welfare Board, in consultation with The National Council for Special Education, should assist the child's parents in arranging for a suitable educational placement. The National Educational Welfare Board, NEWB, is aware of this case and an Educational Welfare Officer, EWO, has been assisting the child's mother in seeking an appropriate placement.

My Department has sanctioned home tuition hours for the child as an interim measure. A home tutor with experience in working with persons with Acquired Brain Injury was sourced by the EWO and this home tuition arrangement is currently ongoing.

The Appeals Committee also recommended that a further assessment of the child should be carried out and this took place in December 2006. Following the results of the assessment, the EWO contacted and made applications to a number of schools in the Dublin area that cater for children with Mild Learning Disability.

The NEWB has informed my Department that, to date, one school has said it is full but will process an application for September 2007. A second school has refused to enrol the child and my Department is informed that the mother has decided not to appeal this decision. A third school is reviewing the application and has asked the EWO to set up a professionals meeting and this process is in hand.