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Dáil Éireann debate -
Tuesday, 21 Nov 2000

Vol. 526 No. 3

Other Questions. - Education Ombudsman.

Pádraic McCormack

Question:

94 Mr. McCormack asked the Minister for Education and Science the plans he has to appoint an ombudsman for education to monitor the provision of educational facilities for children and to oversee the State's responsibilities in the provision of an adequate education for all school pupils; and if he will make a statement on the matter. [26502/00]

There are no plans at present to appoint an ombudsman for education in the terms expressed by the Deputy. Responsibility for monitoring the provision of education facilities and ensuring that adequate education services are made available to all children is a matter for my Department. I assure the Deputy that I am committed to ensuring that all children, irrespective of their needs, receive an adequate education service.

However, the National Children's Strategy, which has recently been published, makes specific provision for the appointment of an ombudsman for children. The role of the ombudsman will be to promote the welfare and rights of children generally; to investigate complaints from children on issues which affect them; to consult children on issues of importance to them; and to advise Government on issues of importance to children. The ombudsman's role will also encompass issues relating to difficulties encountered by children in relation to their education. The services of the Office of the Ombudsman, established under the Ombudsman Act, 1980, are available to clients of my Department.

As part of an overall review of its structures and procedures, my Department is considering the introduction of new measures aimed at improving the effective delivery by my Department of education services. In this context consideration is being given to the introduction of independent appeals mechanisms in relation to decisions of my Department.

The Deputy will be aware of the procedures set out in section 29 of the Education Act, 1999, which facilitate appeals by students or their parents in the event of their being expelled, suspended or refused admission to schools.

I am satisfied that the combined impact of the above developments will ensure that all children enjoy access to the education service they require and it is my intention to monitor these arrangements to ensure that this is the case.

I thank the Minister for his reply. When will the ombudsman be appointed? Is the Minister aware of the concerns of many parents regarding the educational rights of children, particularly those with special needs and those who live in disadvantaged areas?

A great deal of money is being spent on disadvantage, which was not the case in the past. It is a priority of mine. We have an allocation which is included in the programme. We will move on that quickly in regard to children, I hope on a better basis than heretofore. Members have generally argued that some schools regarded as disadvantaged were not being treated as disadvantaged even though they were distinctly disadvantaged. The new method which has been adopted is based on research by the education research centre and provides a much better base for these developments.

This is one of the most important questions on the Order Paper. The Supreme Court determined in the O'Donoghue case in 1993 that every child was entitled to the best education possible under our Constitution. The Sinnott case recently determined the range of neglect by the State in this matter. Will the ombudsman for children have effective powers in implementing and monitoring whether each child receives the best education possible?

How will the Minister address, for example, two cases I came across this week? One involved a child who had a stroke at one and a half years and has not received physiotherapy for seven years and the other case was a seven year old who cannot avail of speech therapy facilities because the speech therapist employed by the health board cannot cross over to the agency contracted to provide speech therapy and other facilities for such children. How will the Minister answer the parents of such children? Is this not patent neglect by the Department over which he presides?

I remind the Deputy that the Government made a decision in October 1998 that the resources required by children with a disability would be provided in the education system, and we have been working on that since. For example, there were 299 assistants for children in schools at that time whereas there are now 1,400 and the number is increasing continuously as the needs of the children are met. The same applies to resource teachers and other categories of assistance for children with disabilities.

What about the NEPS and psychologists?

There are problems in the physiotherapy and speech therapy fields, but as the Deputy will be aware, the Department of Health and Children must supply those professionals.

Deputy Woods is the Minister.

Under the NEPS we are providing extra assistance for assessments but that does not include speech therapy which is covered by the health boards.

I will send the Minister the details of the two cases I mentioned.

Written Answers follow Adjournment Debate.

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