Liam Quaide (Cork East, Social Democrats)
Link to this: Individually | In context | Oireachtas source

345. To ask the Minister for Education and Skills her plans to instigate a child protection review of the recently published ‘Understanding Behaviours of Concern and Responding to Crisis Situations Guidelines for Schools in Supporting Students’; her plans for a review of the reporting mechanism on the use of seclusion and restraint in schools, prior to their taking full effect in September 2025; and if she will make a statement on the matter. [13409/25]

Michael Moynihan (Cork North-West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

On December 12, 2024, the department published the "Understanding Behaviours of Concern and Responding to Crisis Situations in Schools" guidelines. These guidelines were developed in response to an identified need for clearer guidance for schools. They aim to enhance schools' understanding of behaviours of concern and support them in effectively managing crisis situations.

The guidelines are written from a children’s rights perspective and are based on core values such as focusing on the child’s wellbeing, promoting respect, working together, creating a whole school approach, ensuring a safe environment, and following legal requirements.

The guidelines were published following an extensive consultation process with education stakeholders and advocacy groups. In addition, the Guidelines and the attendant training programme were subject to trials in special schools. In that regard, the Department has taken account of feedback provided in the development of the guidelines. The Department is committed to ongoing consultation and engagement with all stakeholders and advocacy groups to ensure that the guidelines support the most effective practices in schools.

Additionally, it is very important to note that the guidelines do not replace any existing obligations or processes, statutory or otherwise, that already exist in this area. If a parent wishes to make a complaint, they should follow the complaints procedure as set out by the school. If there are child protection allegations Tusla and An Garda Siochana continue to be the relevant authorities.

The guidelines place a strong focus on prevention and early intervention strategies for the management of crisis situations in which physical intervention may be employed only as the last part of a comprehensive, positive and planned behavioural approach by the school. They are underpinned by the principles that such 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 underline the importance of continued supervision of children during a crisis period including matters related to behaviour and the need for such incidents to be recorded.

Furthermore, the guidelines explicitly state seclusion should not be used under any circumstances in any recognised school setting.

The publication of Circular 0081/2024 serves to inform schools about the "Understanding Behaviours of Concern and Responding to Crisis Situations Guidelines for Schools," with a particular focus on the recording and reporting of physical restraint. The guidelines include templates and detailed guidance to support schools in this process. Schools will be required to report instances of restraint being used to the NCSE from September 2025.

The Department will monitor incidents with physical restraint and will work with the NCSE to ensure there is engagement between the NCSE and individual schools in circumstances where a physical restraint has been used involving students with special educational needs. In addition, the Inspectorate will have a role in monitoring the use of physical restraint in schools.

The availability of information relating to the use of restraint in school settings will also inform the NCSE’s overarching approach to its professional learning and training support programmes for schools.

The Department is committed to monitoring and reviewing the implementation of the Guidelines in schools and to updating them as necessary on foot of the outcomes of the monitoring and review.