Dáil Éireann Debate, Tuesday - 4 March 2014
68. Deputy Jonathan O'Brien asked the Minister for Education and Skills the mechanisms open to parents to make a complaint about a school principal or the board of management to his Department; the procedures involved; the details of the capacity of his Department to ensure that schools provide the standard of education to which children are entitled; and if he will make a statement on the matter. [10316/14]
View answerWhile this Department sets out the constitution of Boards of Management and rules of procedure it is not directly involved in the management of schools. Under the provisions of the Education Act 1998, the Board of Management is the body charged with the direct governance of a school, and it is the Board of Management which employs the Principal at the school. The schools Board of Management is accountable to the schools Patron.
Neither I nor officials of the Department have powers to investigate individual complaints, except where the complaint involves a refused enrolment, expulsion or suspension, in accordance with Section 29 of the 1998 Education Act. Accordingly, whereas the Department provides funding and policy direction for schools, the Department does not have the power to instruct schools to follow a particular course of direction with regard to individual complaint cases.
The Office of the Ombudsman for Children may independently investigate complaints relating to the actions or non-actions of a school recognised by the Department of Education and Skills, provided the parent has firstly and fully followed the school's complaints procedures. The key criterion for any intervention by the Ombudsman for Children is that the actions or non-actions of a school has, or may have, adversely affected the child. The office can be contacted at: Ombudsman for Children's Office, Millennium House, 52-56 Great Strand Street, Dublin 1; tel. 1800 20 20 40 or (01) 865 6800 or email (oco@oco.ie).
Part 5 of the Teaching Council Act 2001 makes provision for the Council to conduct inquiries into a teacher's Fitness to Teach. I intend to commence Part 5 later this year. Government approval was given on 10th December for drafting The Teaching Council (Amendment) Bill to provide for a wider range of sanctions such as advice, admonishment and censure, which may be applied by the Council following an inquiry.
The Deputy may also be aware that procedures were introduced in 2009 under the Education Act (Section 24) for schools and Education and Training Boards (then VECs), as employers, to address teacher competence issues. Generally speaking it will be necessary for these procedures to be exhausted before investigation by the Teaching Council under Part 5.
I am satisfied that robust external inspection arrangements are in place that predominantly focus on evaluating the quality of learning and teaching in schools. The Inspectorate of my Department evaluates the organisation and operation of schools and the quality and effectiveness of the education provided in such schools. The Inspectorate is focused on ensuring that the learners in schools receive the best possible education in the light of their potential learning needs. It does this by identifying and acknowledging good educational practice and providing clear, practical advice as to how the quality of education provision can be improved.
I am committed to providing for a Parent and Student Charter. With this in mind, my Department is currently examining the legislative changes that could provide the statutory underpinning of such a charter and enable the detailed development of the charter in discussion with the relevant stakeholders, including parents and students.
