Joan Burton (Dublin West, Labour)
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207. To ask the Minister for Education and Skills the way in which he will address concerns that the Teaching Council, in the absence of a statutory complaints procedure for use at school level, will be expected to address complaints that are better resolved at local level, and thus have less resources to deal with very serious complaints which may arise; and if he will make a statement on the matter. [31117/17]

Richard Bruton (Dublin Bay North, Fine Gael)
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I am aware of the concerns of the Teaching Council to which the Deputy refers.

Under the Teaching Council Acts 2001-2015 the Teaching Council is the body with statutory authority and responsibility for implementation of the Acts insofar as they relate to complaints against teachers.

Section 24 of the Education Act 1998 provides for school managerial authorities to address complaints made to them about teachers where disciplinary action is considered appropriate by school management. My Department’s policy is that, in general, complaints about teachers should be made to the school and matters resolved in the first instance at a local level. This is also the Teaching Council’s policy.

I am informed by the Council that, where a complaint has been referred to the Council’s Investigating Committee and the Committee is satisfied it relates to a Fitness to Teach matter, the Committee will communicate with the school to ascertain whether procedures under Section 24 of the Education Act or any other relevant procedures are underway.

If Section 24 procedures are neither completed, underway nor contemplated the Committee will decide if there are good and sufficient reasons for considering the complaint. If there are not good and sufficient reasons the Committee will refuse to consider the complaint in accordance with section 42(5)(b) of the Teaching Council Acts and will indicate in its reasons that the refusal is based (in whole or in part) on the absence of Section 24 procedures having been exhausted.

As the Deputy will be aware the Programme for a Partnership Government provides that the Government will introduce a stronger complaints procedure and charter for parents.

On 5 December 2016, I published the General Scheme of an Education (Parent and Student Charter) Bill 2016. The Government have approved the draft outline of a new law, which will require every school to consult with parents and students, and publish and operate a Parent and Student Charter.

The draft Bill went to the Oireachtas Committee on Education and Skills for pre-legislative scrutiny. Pre-legislative scrutiny began on 7 March with officials, NGOs and certain of the education partners, followed by a session on 21 March with some more of the education partners. The Committee recently held a further session with the remaining education partners on 30 May. It is expected that the Oireachtas Committee will publish a report after the completion of the pre-legislative scrutiny process.

The Fitness to Teach provisions of the Teaching Council Acts were commenced in July 2016 and the Teaching Council is still at the early stages of dealing with Fitness to Teach complaints. The Council is developing and refining its procedures in that regard and I will, where possible, support the Council in their effective implementation.