Paul Connaughton Snr (Galway East, Fine Gael)
Link to this: Individually | In context

Question 257: To ask the Minister for Education and Science if boards of management of primary schools or individual members of such boards could be responsible for damages in respect of claims by persons who were abused by teachers who were convicted sex offenders in view of the fact that the State has been deemed not to be responsible for such damages; if her attention has been drawn to the fact that many boards of management are worried in relation to their responsibilities in this regard; and if she will make a statement on the matter. [12090/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

Our current system of school management has served us well. It means that communities have a strong role in how schools are run and that Patrons can ensure that their ethos is promoted in their schools. I know that such a locally-based system places a lot of responsibility on voluntary members of boards and I am anxious to ensure that members of boards are provided with the training and other supports that they need to discharge their responsibilities.

The Department has provided funding to the various school management bodies to enable them to provide training for their boards of management. Since last year, the Drumcondra Education Centre has had responsibility for offering training for boards of management to meet their identified needs. Areas covered by this training include legal issues, financial management, bullying and child protection.

While members of Boards have a responsibility to ensure that procedures are in place within the school to keep their pupils safe and to investigate any allegations of abuse, they are not personally liable for claims against the school. The Education Act specifically protects individual members from being sued. It is important that there is local responsibility and vigilance in relation to child abuse but of course this does not mean volunteer members of boards being exposed to claims. Nor do I believe that this issue will stop people from volunteering to participate on boards.

While the courts have found that the State was not liable for cases of child abuse in schools, nonetheless the Government is determined to ensure that all schools have policies and procedures in place to protect their pupils. Over the past number years, a range of measures have been put in place to ensure that this is the case.

The Department has provided a range of supports and guidance to schools in the implementation of child protection policy. Child protection guidelines and procedures, based on Children First — the Department of Health & Children's national guidelines, have been issued to all primary and post-primary schools.

These guidelines make very clear the reporting and investigation mechanisms to be followed in cases of suspected child abuse wherever they occur, and the lead role of the HSE in dealing with such cases. The Department has provided an extensive in-service training programme for school principals and teachers to assist them in dealing with child protection issues and in implementing these guidelines.

Procedures have also been introduced, based on Children First, for Departmental staff to assist them in dealing with any allegations or complaints of abuse which are made to them. Under these procedures, the existences of allegations of abuse are notified directly to the HSE and all allegations of abuse received in the Department are treated with the utmost seriousness.

A range of other initiatives have been put in place, including the Stay Safe programme, Social, Personal and Health Education and Internet Safety guidelines — all with a view to educating students in relation to issues of personal health, well being and safety.

In addition, from the beginning of the 2006/2007 academic year, all new teachers and other ancillary staff who have unsupervised access to children are subject to Garda vetting. Vetting will be broadened to include all 55,000 serving teachers over the next few years.