Darren O'Rourke (Meath East, Sinn Fein)
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883. To ask the Minister for Education and Skills for an update on the EPSEN review; and if she will make a statement on the matter. [19377/25]

Michael Moynihan (Cork North-West, Fianna Fail)
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The review of the EPSEN Act 2004 was initiated in December 2021 to modernise and reflect the experiences of students, staff and families. The review process included extensive stakeholder engagement, including parents, educators, advocacy groups, and experts in special education. Online surveys, launched in November 2022, garnered over 28,000 responses, of which 16,205 complete surveys were included in the survey analysis. Qualitative analysis of open submissions has been used as the basis for the second stage of consultation, the focus group stage.

A variety of focus group methods were employed, including mixed focus groups, mosaic-style engagement with children with special educational needs, and discussions with young adults who have experienced the special educational need model of education. Focus groups were held in a number of different settings including English and Irish medium schools, Youthreach, adult services, and third level institutions. The resulting report from these Focus Groups will be made available when the overall Review report is published.

An easy access survey was launched. This accessible online consultation platform was designed to accommodate individuals who may face challenges with traditional survey methods. This was the first time such a method was undertaken by the Department of Education.

The review involves an academic assessment and considers legal cases and international comparators.

An Open Policy Day was held on 3rd October 2024 to integrate feedback from surveys and focus groups, insights from the academic review, and inputs from the NCSE policy advice.

This significant review will culminate in a comprehensive report that will encompass an analysis of stakeholder and public engagement, feedback from focus groups and open policy day, academic review paper, NCSE policy advice, evidence-based research and conclusions and recommendations.

This report is currently being finalised and is expected to be published in the coming weeks.

Darren O'Rourke (Meath East, Sinn Fein)
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884. To ask the Minister for Education and Skills if she is satisfied that the reporting mechanisms on the use of restraint within schools is human rights compliant, particularly in light of the lack of investigative powers of the NCSE; and if she will make a statement on the matter. [19378/25]

Michael Moynihan (Cork North-West, Fianna Fail)
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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 prioritise a student's dignity and are informed by national and international good practices. They emphasise the importance of human rights, referencing UN conventions on children's and disability rights, the Children First Act 2015, and Children First National Guidance 2017.

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 current oversight arrangements are outlined on page 51 of the Guidelines. When physical restraint is used in a school, the incident must be reported first to the school principal and subsequently to the Board of Management or relevant ETB. Templates to support the recording, reporting, and reflection on such incidents are available in the Resources section of the Guidelines.

From September 2025, schools will also be required to report all instances of physical restraint to the National Council for Special Education (NCSE). This reporting requirement is intended to:

• Facilitate the collation of quarterly data on the use of physical restraint in schools, including incidents involving students with special educational needs (SEN).
• Enable targeted engagement between the NCSE and individual schools where restraint has been used in relation to students with SEN.

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.

Both I and 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. I am working with the Department to ensure that any concerns that parents or guardians may have relating to how an incident was managed in a school will be addressed satisfactorily.