Dáil Éireann Debate, Wednesday - 19 March 2025
601. Deputy Martin Kenny asked the Minister for Education the number of appeals against expulsions from post-primary schools initiated by the Child and Family Agency under the provision section 10(b) of the Education (Admission to Schools) Act 2018 for each of the school years 2021-2022, 2022-2023 and 2023-2024; and if she will make a statement on the matter. [11138/25]
View answer602. Deputy Martin Kenny asked the Minister for Education the number of post-primary students expelled from school during the school years 2022/23 and 2023/24; the rate of post-primary expulsion for the school years 2022/23 and 2023/24; the number of post-primary section 29 expulsion appeals during the school years 2022/23 and 2023/24; the rate of post-primary section 29 expulsion appeals for the school years 2022/23 and 2023/24; and if she will make a statement on the matter. [11140/25]
View answerI propose to take Questions Nos. 601 and 602 together.
As both questions from the Deputy are in relation to a similar topic related to Section 29 appeals, I will combine the two questions and issue one reply that addresses both questions. Section 29 of the Education Act 1998 as amended by Section 7 of the Education (Admissions to schools) Act 2018 provides for an appeal, where a board of management, or a person acting on behalf of the board of management (normally the school principal) refuses to admit a student to a school, suspends a student for not less than 20 days or permanently excludes a student. The Education Welfare Act 2000 was amended by Section 10 of the Education Act to allow the Child and Family Agency to appoint a person to appeal decisions of the board of management referenced above for children and young people in their care. Within each appeal type, there is a provision for the hearing committee to allow or disallow or refuse to hear or determine the appeal before them. Section 29 F (1) sets out the circumstances that allows a committee to refuse to determine an appeal in the following but not limited to the following circumstances: - It is of the opinion of the committee that the appeal is vexatious, frivolous an abuse of process or without substance or foundation - An appeal has not been made within the period specified in procedures under Section 29B - An applicant has failed to provide information in accordance with procedures under Section 29BAn appeal committee of three persons is appointed to consider each appeal. The figures provided in the following table include all appeals relating to exclusions in post-primary schools applied for under Section 29 of the Education Act 1998 (as amended) where an appeal was initiated by the Child and Family agency.
|
Year |
Allowed |
Disallowed |
Refuse to Determine |
Withdrawn |
Total |
|
2021 |
0 |
0 |
0 |
0 |
0 |
|
2022 |
0 |
1 |
0 |
0 |
1 |
|
2023 |
0 |
1 |
1 |
0 |
2 |
|
2024 |
0 |
2 |
0 |
0 |
2 |
The figures provided in the following table include all appeals relating to exclusions in post-primary schools applied for under Section 29 of the Education Act 1998 (as amended).
|
Year |
Allowed |
Disallowed |
Refuse to Determine |
Withdrawn |
Total |
|
2022 |
8 |
23 |
2 |
29 |
62 |
|
2023 |
11 |
51 |
8 |
8 |
78 |
|
2024 |
19 |
37 |
5 |
4 |
65 |
Under the Education (Welfare) Act, 2000 schools are obliged to submit a number of reports and notifications that relate to poor school attendance to Tusla Education Service (TESS) on an annual basis. This includes information on absences of more than 20 days and also the number of students who have been suspended or expelled during the school year. School Absence Reports and Annual Absence Reports for 2022/2023 will be published by TESS shortly. The reports will be available on their website at: www.tusla.ie/services/educational-welfareservices/publications/research-and-statistics/
