Carol Nolan (Offaly, Sinn Fein)
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177. To ask the Minister for Education and Skills if there is legislation in place preventing teachers from changing a person's clothes in the event of an accident or injury; and if he will make a statement on the matter. [18691/17]

Richard Bruton (Dublin Bay North, Fine Gael)
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Under the provisions of the Education Act 1998 the Board of Management is responsible for the governance of a school.

Accordingly, the Board is responsible for ensuring that it has in place appropriate policies and practices to deal with the school’s day to day activities. 

A school’s policy or practice in relation to managing instances where a pupil may require a change of clothes (as a result of a fall or for any other reason) is a matter for the school itself, having regard to factors such as the school’s duty of care to its pupil and the need to ensure best practice in terms of child welfare and protection. 

There is no specific legislation governing the  issue of school staff changing pupils’ clothes.  This is a matter to be decided by each individual school.  However, Children First: National Guidance for the Protection and Welfare of Children sets out that all organisations involved with children, including schools, have an obligation to provide children with the highest possible standard of care in order to promote their well-being and to safeguard them from abuse. It further outlines that organisations may also be legally responsible for their failure to provide adequate care and safeguards for  children in their care.  My Department’s Child Protection Procedures for Primary and Post-Primary Schools are based on the Children First National Guidance and also make clear that child protection and welfare considerations permeate all aspects of school life and should be reflected in all of the school’s policies, practices and activities.