Patrick Nulty (Dublin West, Labour)
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Question 242: To ask the Minister for Education and Skills if the National Council for Special Education falls under the remit of the Ombudsman for Children; if not, the reason for same; and if he will make a statement on the matter. [32027/12]

Ruairi Quinn (Dublin South East, Labour)
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The Office of the Ombudsman for Children was established under the Ombudsman for Children Act 2002 by the Minister for Health and Children. From June 2011, responsibility for the Ombudsman for Children Act 2002 was transferred to the Minster for Children and Youth Affairs.

I understand that the Office of the Ombudsman for Children has been in contact with the Department of Children and Youth Affairs regarding the issue referred to by the Deputy. I also understand that under the Act the inclusion of the National Council for Special Education within the remit of the Ombudsman for Children would require a draft Order to be laid before each House of the Oireachtas and a resolution approving this order to be approved by each such House.

The Department of Children and Youth Affairs has advised that it intends to consult with my Department and with the Ombudsman for Children before finalising a proposal on this matter.

Pending such deliberations, the Office of the Ombudsman for Children and the NCSE have agreed an interim process through which any concerns which are brought to the attention of the Office will be brought to the direct attention of NCSE for response.