Dáil Éireann Debate, Tuesday - 6 December 2022
299. Deputy Réada Cronin asked the Minister for Education if her Department will examine the situation in cases in which disciplinary action is taken against children for behaviours caused by their conditions, when they have no control over these behaviours and therefore have no intention to disturb or offend; her views on whether these disciplinary measures are fair or equitable in such circumstances; and if she will make a statement on the matter. [60575/22]
View answer300. Deputy Réada Cronin asked the Minister for Education if an audit has been carried out or will be undertaken on restraint, seclusion, isolation, punishment and other invasive physical actions taken under the broad heading ‘necessary actions’ given such actions would be deemed unacceptable in the mainstream school system; if such an audit will be undertaken each year; and if she will make a statement on the matter. [60576/22]
View answer301. Deputy Réada Cronin asked the Minister for Education if her Department has considered instances in which the isolation of a child in a locked room makes that holding place essentially a cell for that child who is also innately vulnerable due to their disabilities (details supplied); and if she will make a statement on the matter. [60577/22]
View answer302. Deputy Réada Cronin asked the Minister for Education if her Department has any plans to remove and forbid ‘prone restraint’ as a common or daily practice in the matter of children with vulnerability and disability; if an audit has been undertaken on its use or will be instigated; if a report is required on each incident of use of this extreme intervention in the matter of a child; if not, in the interest of child welfare and protection, if such a report should and will be required; and if she will make a statement on the matter. [60578/22]
View answer303. Deputy Réada Cronin asked the Minister for Education if her Department will instigate an independent, expert review of physical actions such as restraint, seclusion, isolation and prone restraint taken against children in special education; if so, if a report of its findings and conclusions will be published; and if she will make a statement on the matter. [60579/22]
View answer304. Deputy Réada Cronin asked the Minister for Education if her Department is satisfied that the treatment of children with special-education needs is as humane, compassionate and equitable as possible, in keeping with international best practice in 21st century models and as that of children in the mainstream school system, and upholding the norms of health and safety for children; and if she will make a statement on the matter. [60580/22]
View answerI propose to take Questions Nos. 299 to 304, inclusive, together.
The Board of Management of each school is responsible for the care and safety of all of the pupils in their school. Schools should supervise and support children who are distressed or exhibiting behaviours which are of concern to others until they have recovered and are able to re-engage in the classroom. In some circumstances this may mean the temporary removal of a child from the environment where the problems have arisen.
Schools owe a duty of care to all their students and any action taken in relation to managing behaviour must be proportionate.
Tusla's Educational Welfare Service, has published guidelines for schools on Codes of Behaviour which all schools are required by law to have in place. The guidelines advise that specialised behaviour management strategies, such as the use of restraint, should not be used without expert advice, training and monitoring. In particular, the guidelines point to certain sanctions which are regarded as inappropriate, including leaving a student in an unsupervised situation while in the care of the school. All parents must be made aware of behaviour management strategies employed by the school.
Schools may seek advice from their local National Educational Psychological Services psychologist, from the NCSE’s Support Service which includes Special Educational Needs Organisers, the National Behavioural Support Service and the Special Education Support Service, as to how children with behavioural needs can best be supported in school.
Training is available for schools in relation to the provision of support for children with special educational needs from the NCSE’s Regional Support Service. This service can, as part of the designated training modules, provide guidance for schools in relation to the management of difficult behaviour.
A range of guidance is available for schools in relation to the management of student behaviour. The Department published Guidelines for Supporting Pupils with Behavioural, Emotional, and Social Difficulties, which is available on the Department’s website, www.education.ie. The National Educational Psychological Services document Behavioural, Emotional and Social Difficulties – A Continuum of Support also provides advice for teachers, including some advice on the use of “time out” procedures in the classroom.
Further to the receipt of policy advice from the NCSE, the Department of Education established an Expert Working Group to develop guidelines for schools on the prevention and management of challenging behaviours (including the use of physical interventions) where such behaviour is considered as likely to present serious risk of physical harm to the student concerned and/or others within the school environment.
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.
Following consideration of the views and contributions received as part of the consultation process, a final draft of the guidelines has been prepared and is being considered by the Department. They 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. They are underpinned by the principles that such intervention is never used for the purposes of discipline; that it should be applied proportionately and should last only as long as is necessary to de-escalate the situation. The guidelines underline the importance of continued supervision of children during a crisis period including matters related to behaviour and the need for such incidents to be recorded.
The guidelines when issued will apply to all schools. In this regard, consideration is being given to the implementation of guidelines by schools including the kind of supports and training that may be required.
