Jonathan O'Brien (Cork North Central, Sinn Fein)
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160. To ask the Minister for Education and Skills if her Department has ever sought legal advice on the operation of prone restraint and seclusion rooms in schools; if she will provide the details of this advice; and if she will make a statement on the matter. [33941/15]

Jan O'Sullivan (Limerick City, Labour)
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I wish to advise the Deputy that my Department seeks advices on a range of issues relating to the provision of education and supports to children. It is not the practice of my Department to disclose information on legal advices it has sought or received.

My Department's policy is that the well-being and safety of children should be at the centre of all policy and practices in schools.

The Board of Management of each school is responsible for the care and safety of all of the pupils in their school and is required to prepare a code of behaviour in accordance with Section 23 of the Education (Welfare) Act 2000.

Responsibility for the management of behaviour in schools is therefore a matter for individual schools. Schools may seek advice from their local National Educational Psychological Service (NEPS) psychologist, from their NCSE Special Educational Needs Organiser, or from the National Behavioural Support Services, as to how children with behavioural needs can best be supported in school.

Published guidelines which are available to schools include:

Supporting Students with Behavioural, Emotional, and Social difficulties, which is available on the Department's website www.education.ie; the National Educational Welfare Board (NEWB) guidelines for schools on Developing a Code of Behaviour and the National Educational Psychological Services document Behavioural Emotional and Social Difficulties - a Continuum of Support: Guidelines for Teachers.

The National Council for Special Education (NCSE) has recently submitted their Policy Advice on Educational Provision for Children with Autism Spectrum Disorders. In developing this policy advice, the NCSE has consulted widely with parents, professionals and other stakeholders and interested parties while also conducting research in relation to this area. The policy advice is currently under consideration in my Department and I expect it will be published in the coming weeks. My officials will consider and report to me on any recommendations in the report which may relate to the issues raised by the Deputy.