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Speaking in response to the publication of “Understanding Behaviours of Concern” Guidelines by the Department of Education today, AsIAm CEO, Adam Harris said, “These guidelines which address, amongst other issues, the use of seclusion and restraint in Irish schools have been long promised and will take full effect in September 2025. Since our inception over a decade ago, AsIAm, alongside our colleagues in other advocacy groups, have campaigned for the publication of guidelines on the critical issue of seclusion and restraint. In that time we have met with and supported many Autistic children and families who have experienced traumatic incidents of restraint or seclusion in school. We are particularly mindful of the pervasive barriers families have faced when seeking to raise concerns about such incidents with school management or state agencies.
We have engaged extensively with the Department including most recently in October, when the most recent draft was circulated for comment from stakeholders.
Whilst aspects of the guidelines are welcome, particularly the outright ban on the use of seclusion in Irish schools, we remain firmly of the view that the guidelines which have been published do not meet our 3 tests that the guidelines are rights-based, child centred and robust. We conveyed this view to the Department in our October meeting and specifically expressed our views that the guidelines did not adequately safeguard Autistic children and may in fact conflict with the obligations of the Department and NCSE in terms of the Children First Act.
Despite waiting years, the guidelines produced by the Department provide a very low level of protection to Autistic children most at risk of restraint. The processes of consent, training, documentation and scrutiny will be far lower than those in a range of health and social care settings and indeed in our prison system. These guidelines will see a state body, the NCSE, receive potentially large quantities of information relating to child protection with no ability to investigate and without a formal referral pathway this to Tusla, the appropriate statutory authority appropriate to investigate such concerns.
We put these concerns in writing to Minister Foley, Minister of State Naughton, and senior officials in the Department and offered to meet to further discuss our concerns.
It is disappointing that the Department has now decided to publish the guidelines at a time in which adequate political scrutiny is not possible. We are also concerned at the compliance of the guidelines with Ireland’s obligations under the UNCRPD and will be seeking clarity from the Department as to the engagement they have had in this regard.
We call on the next government to immediately initiate a full independent review to update the guidelines in line with national and international best practise prior to the reporting obligations taking effect in September 2025.
We are due to meet with the Department tomorrow, as part of the Special Education Consultative Forum, and will further highlight our concerns."
AsIAm will issue a comprehensive explainer to the community in the coming days.
View the guidelines here: https://www.gov.ie/en/circular/5ec83-understanding-behaviours-of-concern-and-responding-to-crisis-situations-guidelines-for-schools-in-supporting-students/
