Dáil Éireann Debate, Tuesday - 16 June 2015
706. Deputy Michael McCarthy asked the Minister for Education and Skills the procedure for making a complaint against a principal of a school; the role of her Department in a complaint against a principal; and if she will make a statement on the matter. [23257/15]
View answerThe Deputy will be aware that, under the Education Act 1998, legally, all schools are managed by the school Board of Management, on behalf of the schools patrons or trustees or Education and Training Board (known as the management authority). It is the management authority that employs the school principal, teachers and other staff members. In ETB schools, the ETB is the employer.
Accordingly, whereas I provide funding and policy direction for schools, neither I nor the Department have legal powers to instruct schools to follow a particular course of direction with regards to individual complaint cases, or 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.
In dealing with parental complaints, my Department's role is to clarify for parents how their grievances and complaints against the school can be progressed. Where a parent feels that the school's board of management has failed to investigate or adequately investigate their complaint, they should contact the Ombudsman for Children.
The Office of the Ombudsman for Children may independently investigate complaints about schools recognised with the Department of Education and Skills, provided the parent has firstly and fully followed the school's complaints procedures.
Section 28 is the section of the Education Act 1998 that provides for parental complaints in schools. It expresses a desirability of determining appeals and resolving grievances in the school.
I am not satisfied with the current provisions of Section 28. I plan to revise it and to provide in law for a Parent and Student Charter. Changing how schools engage with, listen and respond to parent concerns will be an important part of a Charter. Providing parents with the rationale for any decision is important. If schools help parents to understand the basis for a decision parents are more likely to accept the fairness of decisions.
