Dáil Éireann Debate, Tuesday - 11 May 2021
508. Deputy Pádraig O'Sullivan asked the Minister for Education if she is satisfied that the anti-bullying procedures in schools are robust enough; if these procedures are effective; and if she will make a statement on the matter. [24482/21]
View answer509. Deputy Pádraig O'Sullivan asked the Minister for Education if consideration has been given to compiling a database to record all incidents of bullying in a school setting similar to the addressing bullying in schools Act that is going to be introduced in Northern Ireland; and if she will make a statement on the matter. [24483/21]
View answerI propose to take Questions Nos. 508 and 509 together.
Under my Department’s Action Plan on Bullying, new Anti-Bullying Procedures for Primary and Post-Primary Schools were published at the beginning of the 2013/2014 school year, following consultation with the relevant education partners.
The procedures are designed to give direction and guidance to school authorities and school personnel in preventing and tackling school-based bullying behaviour amongst its students.
Under the Education (Welfare) Act, 2000 all schools are required to have in place a code of behaviour that accords with Developing a Code of Behaviour: Guidelines for Schools as published by the National Educational Welfare Board (NEWB), now referred to as the Educational Welfare Service (EWS). Each school is required to have an anti-bullying policy within its overall code of behaviour. The anti-bullying procedures are underpinned by this legal framework and all schools are required to comply with them.
Under the procedures, all school boards of management are required to adopt and implement an anti-bullying policy which fully complies with the requirements of these procedures. A template anti-bullying policy which must be used by all schools for this purpose is included in the procedures.
The procedures for schools outline key principles of best practice for both preventing and tackling bullying and require all schools to commit to these principles in their anti-bullying policy. In particular, they emphasise that a cornerstone in the prevention of bullying is a positive school culture and climate. In that regard, the procedures set out the need for schools to encourage and strengthen open dialogue between all school staff and students to ensure that they provide appropriate opportunities for pupils to raise their concerns in an environment that is comfortable for the student.
The Child Protection Procedures for Primary and Post Primary Schools 2017 provide that in cases of serious instances of bullying where the behaviour is regarded as possibly abusive, a referral may need to be made by the school to Tusla or An Garda Síochána as appropriate. Where school personnel have concerns about a child arising from alleged bullying behaviour but are not sure whether to report the matter to Tusla, the school designated liaison person should seek advice from Tusla.
In accordance with the Anti-Bullying Procedures, where a parent is not satisfied that a school has dealt with a bullying case in accordance with the procedures the parents must be referred, as appropriate to the schools complaint procedures.
Also in accordance with the procedures, in the event that the parent has exhausted the schools complaints procedures and is still not satisfied, the school must advise the parents of their right to make a complaint to the Ombudsman for Children. The Ombudsman for Children provides an independent and impartial complaints handling service. The Ombudsman can investigate complaints relating to the administrative actions of a school provided the complainant has firstly and fully followed the school’s complaints procedures. The key criterion for any intervention by the Ombudsman for Children is that the action complained of has or may have adversely affected the child.
The procedures for schools include important oversight arrangements at board of management level and by my Department’s Inspectorate.
The specific arrangements require that the school principal reports regularly to the board of management in relation to the overall numbers of bullying cases and provides confirmation that they are being dealt with in accordance with the anti-bullying procedures. The board of management is also required to undertake an annual review of the school's anti-bullying policy and its implementation by the school. Written confirmation that the annual review has been completed must be made available to the Parents' Association and published on the school website.
My Department's Inspectorate, as part of its inspection work, monitors the anti-bullying policies of schools. In this regard there is a focus on the actions schools take to create a positive school culture and to prevent and tackle bullying. During whole school evaluations (WSE), schools are required to provide evidence that their anti-bullying procedures are in accordance with the Department’s Anti-Bullying Procedures for Primary and Post-Primary Schools (2013).
Inspectors administer surveys to pupils, parents and teachers and include questions seeking the views of the respondents with regard to bullying and the school’s anti-bullying procedures. Curriculum evaluations (CE) in primary schools and subject inspections (SI) of SPHE in post-primary schools also provide opportunities to evaluate schools’ implementation of anti-bullying measures. One of the checks carried out in Child Protection and Safeguarding Inspections (CPSI) relates to confirming that the minutes of board of management meetings contain a record of a Child Protection Oversight report being provided in line with the requirements of the Child Protection Procedures for Primary and Post-primary Schools 2017. As part of this check, inspectors clarify whether the board has been provided with the relevant documents relating to child protection concerns arising from alleged bullying behaviour amongst pupils. Where the Inspectorate encounters non-compliance with the requirement to publish a policy in line with the procedures, relevant findings are included in published reports.
The Anti-Bullying Procedures already provide that the board of management of each school, in developing its anti-bullying policy, must formulate the policy in co-operation with both teaching and non-teaching school staff under the leadership of the principal and in consultation with parents and pupils. The need to consult with parents will be further underpinned in law once the Education (Student and Parent Charter Bill) 2019 is enacted. Under the legislation, each school will be required to prepare, publish and implement a Student and Parent Charter in accordance with national guidelines to be published following consultation with the education partners, including those bodies representing parents. The overall aim of the legislation is to improve the level of engagement between schools and students and their parents by inviting feedback, comment and observations from students and parents and by developing a listening culture in the school.
In this context one of the key concepts of the Bill is the need for a school to consult with students and their parents on individual school plans, policies and activities. This approach will help ensure that the various views of students and parents will be heard and responded to by schools on issues or policies including a school’s Anti-Bullying Policy.
