Paul Murphy (Dublin South West, Solidarity)
Link to this: Individually | In context

166. To ask the Minister for Education and Skills to give a detailed account of the use of seclusion and restraint in schools as a means of dealing with "challenging behaviour" in children with additional educational needs, including the most recent figures for the prevalence of seclusion and restraint; the steps taken since the last report on seclusion and restraint in schools from the Ombudsman for Children. [22095/25]

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

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.

Firstly, it is important to note that the guidelines explicitly state seclusion should not be used under any circumstances in any recognised school setting. Therefore, the use of seclusion is prohibited and in this regard there is no data relating to the prevalence of seclusion in schools.

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.

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 publication of Circular 0081/2024 serves to inform schools about "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.

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.