Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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246. To ask the Minister for Education and Skills the ongoing discussions taking place regarding the current assault leave policy for teachers and SNAs; if there are considerations of extending the duration of assault leave cover to match the full duration of a teachers medically certified recovery period; if there are plans to implement a structured support scheme for teachers affected by assaults in the workplace particularly in terms of physical, mental, and emotional recovery; the preventative measures being considered or implemented to reduce the incidence of assaults on teachers; and how these measures will be integrated in the broader workplace health and safety policies. [14837/25]

Helen McEntee (Meath East, Fine Gael)
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The Leave of Absence following Assault Scheme, as detailed in , provides for special leave with pay (subject to specified limits) to a teacher who is unable to perform their duties due to a physical injury following an assault that happened in the course of their duties and during approved school activities.

The leave available under the Scheme for Leave of Absence following Assault is 3 months (92 days) at full pay in a rolling 4-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, the leave may be extended for a further period not exceeding 3 months (91 days) at full pay, subject to an overall limit of 6 months (183 days) at full pay in a rolling 4-year period. Any subsequent absence will be dealt with under the Sick Leave scheme.

The terms and conditions of the non-statutory Leave of Absence following Assault Scheme were agreed with all Education Partners and are in line with what is currently being applied across the Public Service. It is intended that the terms and conditions of the Scheme will be further discussed with all Education Partners in 2025. However, under the Public Service Pay Agreement 2024-2026 "no further cost increasing claims for improvements in pay and conditions outside of those advanced under this provision will be initiated or implemented during the period of this Agreement".

On December 12, 2024, the Department published the " " guidelines.

The Department established a working group to develop these guidelines for schools on the prevention and management of behaviours of concern, where such behaviour poses imminent danger of serious physical harm to self or others within the school environment. The guidelines have been developed to address uncertainty for staff on how to respond when facing crisis situation where there are concerns regarding physical safety. They focus on creating inclusive environments which can respond to need and build on good practice including prevention and de-escalation.

The guidelines place a strong focus on prevention, early intervention and de-escalation 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. 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 Department remains committed to supporting the whole school community and will continue to ensure that the appropriate supports and training are available.

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. 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.

Under section 24 of the Education Act 1998 (as amended by the Education (Amendment) Act 2012) the board of management is the employer of teachers and other staff of the school. In the case of community national schools the ETB is the employer and not the board of management.

The board’s role as an employer includes responsibility for the recruitment and dismissal of teachers and other staff within the school, subject to relevant Department circulars, employment legislation and sectoral agreements. The role also includes but is not limited to, health and safety, building, promoting and maintaining positive staff relations.

In accordance with the Safety, Health and Welfare at Work Act 2005, it is the responsibility of individual school authorities to have a safety statement in place in its school and to ensure as far as is reasonably practicable, the safety, health and welfare at work of its employees and those who are in anyway affected by the work activities of the school. The safety statement should identify potential hazards, assess the risks to health and safety and put appropriate provision in place to safeguard the safety and health of employees and pupils.

The body which has statutory responsibility for ensuring that health and safety requirements are met by all employers, including schools, is the Health and Safety Authority (HSA). Guidelines for managing safety, health and welfare at work were developed following consultation with relevant stakeholders and are published on the website of the Health and Safety Authority www.hsa.ie