Dáil Éireann Debate, Thursday - 16 May 2019
56. Deputy John Lahart asked the Minister for Education and Skills if his attention has been drawn to a situation in which a child (details supplied) has been denied access to a school; and if he will make a statement on the matter. [21175/19]
Amharc ar fhreagraMy Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. However, this may result in some pupils' not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory, and must be applied fairly in respect of all applicants.
Under section 15 (2) (d) of the Education Act, 1998, each school is legally obliged to disclose its enrolment policy and to ensure that, as regards that policy, principles of equality and the right of parents to send their children to a school of the parents' choice are respected.
Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department where a Board of Management of a school, refuses to enrol a student in a school. I understand that an appeal has been taken in respect of this child and that this appeal was not upheld. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under Section 29 of the Education Act, 1998 being upheld.
The Educational Welfare Service (EWS) of the Child and Family Agency (Tusla) is the statutory body which can assist parents who are experiencing difficulty in securing a school placement for their child. The EWS can be contacted at 01-7718815 or 01 7718500
In relation to the role of religion in school admission, the Deputy will be aware that Section 11 of Education (Admission to Schools) Act 2018 has amended the Equal Status Act 2000 to remove, in the case of recognised denominational primary schools, the provision in that Act that previously permitted such schools to use religion as a selection criterion in school admissions. Under this provision, which was commenced in October 2018, there is a protection to ensure that a child of a minority faith, can still access a school of their faith. In that regard, the provision provides that a recognised primary school does not discriminate where it admits as a priority a student from a minority religion who is seeking admission to a school that provides a programme of religious instruction or religious education which is of the same religious ethos or a similar religious ethos to the ethos of the student seeking admission.
The Workplace Relations Commission (WRC) is the authority which deals with all complaints of discrimination under equality legislation.
