Written answers

Tuesday, 2 October 2018

Department of Education and Skills

Education Policy

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
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234. To ask the Minister for Education and Skills the position on the need for regulation of restraint or seclusion in educational settings; and if he will make a statement on the matter. [39858/18]

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
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235. To ask the Minister for Education and Skills the monitoring and oversight arrangements for the use of restraint or seclusion in educational or school transport settings; and if he will make a statement on the matter. [39859/18]

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
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236. To ask the Minister for Education and Skills the number of complaints received in 2018 about the use of restraint and-or seclusion in educational settings; and if he will make a statement on the matter. [39860/18]

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
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237. To ask the Minister for Education and Skills the status of the development of guidelines for schools on the specific issue of restraint or intervention. [39861/18]

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
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238. To ask the Minister for Education and Skills if the impact of the use of restraint or intervention in educational settings has been examined; if so, the results of this examination; and if he will make a statement on the matter. [39862/18]

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party)
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253. To ask the Minister for Education and Skills the timeline for the introduction of best practice guidelines for schools on the use of restraint or intervention when responding in circumstances in which students pose an immediate threat of harm to themselves or others; and if he will make a statement on the matter. [39980/18]

Photo of John CurranJohn Curran (Dublin Mid West, Fianna Fail)
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257. To ask the Minister for Education and Skills his plans to issue guidelines to schools on students who pose an immediate threat of harm to themselves or others; when guidelines will be issued to schools to assist teachers responding in such circumstances; and if he will make a statement on the matter. [40051/18]

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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I propose to take Questions Nos. 234 to 238, inclusive, 253 and 257 together.

The Board of Management of each school is responsible for the care and safety of all of the pupils in their school. Schools should supervise and support children who are distressed or out of control until they have recovered and are able to re-engage in the classroom. In some circumstances this may mean the temporary removal of a child from the environment where the problems have arisen. Schools are not required to report on such interventions. Schools owe a duty of care to all their students and any action taken in relation to managing behaviour must be proportionate.

The National Educational Welfare Board, which is now under the aegis of the Minister for Children and Youth Affairs, has developed guidelines for schools on Codes of Behaviour. The guidance document on Developing a Code of Behaviour advises that specialised behaviour management strategies, such as the use of restraint, should not be used without expert advice, training and monitoring. In particular, the guidelines point to certain sanctions which are regarded as inappropriate, including leaving a student in an unsupervised situation while in the care of the school. All parents must be made aware of behaviour management strategies employed by the school.

Schools may seek advice from their local National Educational Psychological Services psychologist, from the NCSE’s Support Service which includes Special Educational Needs Organisers, the National Behavioural Support Service and the Special Education Support Service, as to how children with behavioural needs can best be supported in school.

A range of guidance is available for schools in relation to the management of student behaviour. The Department published Guidelines for Supporting Pupils with Behavioural, Emotional, and Social Difficulties, which is available on the Department’s website, www.education.ie. The National Educational Psychological Services document Behavioural, Emotional and Social Difficulties – A Continuum of Support also provides advice for teachers, including some advice on the use of “time out” procedures in the classroom.

Training is available for schools in relation to the provision of support for children with special educational needs from the NCSE’s Regional Service. The Special Education Support Service can, as part of their designated training modules, provide guidance for schools in relation to the management of difficult behaviour.

Following a request by the Department for policy advice from the NCSE, which provided recommendations in relation to crisis situations and complex behavioural needs, work on developing guidelines for school is underway. The Department will engage with education partners on these in the coming months. It is anticipated that the guidelines will be finalised by the end of this school year. The guidelines will assist schools in responding in circumstances where students pose an immediate threat of harm to themselves or others.

The guidelines will be underpinned by the principles that restraint intervention is never used for the purposes of discipline; that it should be applied proportionately and should last only as long as is necessary to de-escalate the situation. The guidelines will also underline the importance of continued supervision of children during a crisis period including matters related to behaviour. It is also expected that the guidelines will underline the importance of recording such incidents and how they are managed.

Where a parent, or any other person, has concerns about the care or safety of a child in school they should report these concerns to the Board of Management of the school in the first instance.

Where a parent or other person has a concern about the welfare or protection of a child in a school they may report the matter as a child protection concern to Tusla or to the Department of Education and Skills who will then report any child protection complaint in accordance with the Department's procedures. The Department has, to date in 2018, received one complaint which referenced a child protection concern relating to restraint and this complaint was dealt with in accordance with Departmental procedures, including referral to Tusla.

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