Jen Cummins (Dublin South Central, Social Democrats)
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443. To ask the Minister for Education and Skills whether TUSLA staff have been provided with a practice directive policy or internal guidance concerning the use of physical restraint in Irish schools; and if she will make a statement on the matter. [37863/25]

Michael Moynihan (Cork North-West, Fianna Fail)
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My department has ongoing engagement with TUSLA relating to child protection and the recently published guidelines on Behaviours of Concern.

On December 12, 2024, the department published the "Understanding Behaviours of Concern and Responding to Crisis Situations in Schools" guidelines.

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 aim to enhance schools' understanding of behaviours of concern and support them in effectively managing crisis situations. They focus on creating inclusive environments which can respond to need and build on good practice including prevention and de-escalation.

Development of the guidelines has been informed by evidence showing that whole school positive behavioural approaches and early and ongoing engagement with the school community, including parents/guardians, are necessary for the development of effective school policy and practice.

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.

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 Síochána continue to be the relevant authorities.

Following concerns raised by a parents’ groups regarding the management of referrals to TUSLA, representatives from my department engaged with both TUSLA and the National Parents Council. As a result of these discussions, my department was informed that TUSLA would be issuing a practice directive on the handling of such referrals. However, as this matter falls under the remit of the Department of Children, Disability and Equality, any further queries should be directed to that department.

If a parent or guardian has a child protection concern, they should inform the school principal about it. Under the Children First Act 2015, registered teachers are required to report any significant child protection concerns to Tusla, the Child and Family Agency, and to assist in assessing any risks.

If there are reasonable grounds to believe a child may have been, is being, or is at risk of being abused or neglected, parents or guardians can report their concerns in person, by phone, or in writing to the local social work duty service where the child lives. Contact information for Tusla’s social work teams is available online.

The Department endeavours to ensure that policies, resources and supports for schools are underpinned by extensive reviews of research and evidence. Further, the policy-making process is informed by the outcomes of consultations with relevant stakeholders and professionals, including cross sectoral engagements with Tusla.

Any further queries in relation to TUSLA practice directive policy or internal guidance should be addressed to the Department of Children, Disability and Equality.