Dáil Éireann Debate, Tuesday - 18 April 2023
511. Deputy Pauline Tully asked the Minister for Education if her Department plans to publish rights-based guidance on restraint and the elimination of seclusion that will protect children and young people from harm and comply with the UN Convention on the Rights of the Child (UNCRC) and the UN Convention on the Rights of People with disabilities (UNCRPD); and if she will make a statement on the matter. [16864/23]
View answerOn 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.
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. They also make clear that seclusion of children is inappropriate.
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.
In developing the guidelines the expert working group reviewed national and international legislative requirements, school governance structures and duty of care considerations directly related to supporting the wellbeing and safety of students and staff.
My department is engaging with stakeholders at the end of April to obtain further feedback on the guidelines and they will be published soon thereafter.
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.
