Campaign to Highlight Shortcomings in Reporting Mechanism on Restraint and Seclusion Guidelines in Irish Schools

Campaign to Highlight Shortcomings in Reporting Mechanism on Restraint and Seclusion Guidelines in Irish Schools

- Inclusion Ireland and AsIAm call for an independent, child-protection led review of Department of Education’s proposed reporting mechanism by September

- International Legal Advisor Dr Oliver Lewis Appointed

- Campaign Launched, Parents and Families Asked to Sign Up

(Issued 20 January 2025) Inclusion Ireland and AsIAm launched a campaign for a child-protection led review of the reporting mechanism for the use of restraint in Irish schools prior to new guidelines coming into force in September. The leading advocacy groups have highlighted issues relating to the compliance of the guidelines with national and international child protection law. This includes the lack of an independent investigation mechanism, the failure to ensure compliance with Children’s First legislation, the absence of training or oversight on the use of restraint in schools and the lack of a robust system to monitor instances of restraint and proactively safeguard children, particularly those with higher support needs and communication differences

The campaign follows the publication of the Department of Education's long-promised guidelines on the issue, "Understanding Behaviours of Concern and Responding to Crisis Situations in Schools," which were issued in December.

Inclusion Ireland and AsIAm were joined this morning by Caoilfhionn Gallagher, Special Rapporteur on Child Protection and the Ombudsman for Children, Niall Muldoon, who provided keynote contributions, highlighting child protection concerns and children’s rights shortcomings in the current guidelines and reporting mechanisms. The event also heard from a panel discussion with a number of key stakeholders including families who have experienced restraint, Department of Education, parents, educators, social care practitioners and legal advisors.

Whilst the guidelines were published by the Department in December, there is still time to review and update the reporting mechanism before it takes effect in September. This morning’s event heard of a window of opportunity which will open this week with the appointment of a new Minister for Education and Minister of State for Special Education and Inclusion and the forthcoming establishment of the relevant Oireachtas Committees.

Families and relevant stakeholders have been encouraged by Inclusion Ireland and AsIAm to campaign for additional changes to the guidelines. AsIAm and Inclusion Ireland also announced their intention to pursue relevant international complaints mechanisms, including the Office of UN Special Rapporteur of Torture and Degrading Treatment, to seek a remedy to the current policy. The event heard of the appointment of a legal team including Gareth Noble of KOD Lyons Solicitors, a leading children’s right lawyer, and the internationally acclaimed barrister, Dr Oliver Lewis.

Interested parties are invited to register for the campaign by entering their email below:

Below are some of the comments made by a number of speakers at today’s event:

Caoilfhionn Gallagher, Special Rapporteur on Child Protection:

“I welcome the fact that the guidelines are to be part of a comprehensive tool kit for schools. I recognise that the guidelines are expressly described as a live document and open to changes.”

“The guidelines as currently constituted fall short of what is needed for the protection of children. That is why having this conversation just before there is a new minister is so critical.”

“How do we move from the lofty and completely correct principle that restraint should be an action of last resort to shifting *to the application of that principle* in practice. Having the principle written in the guidelines is not enough.  We have got to shift to a position where change is applied. Simply recognising the principle is not sufficient.”

“If you don’t have a clear rule on reporting in every single incident (of restraint), of course that is going to cause problems and result in a two-tier system. The focus of the NCSE is on collecting generic anonymised data. They don’t have investigative powers for induvial cases. It is critical that we change this.”

“We see in other settings like residential settings, significant oversight and regulation and a robust mechanism – in prison settings for adults, hospital settings for adults and residential settings for children. Why are schools different? We are talking about restraint that can have the same devastating results regardless if applied by a prison officers, a member of the Gardai or member of the teaching staff that can result in the devastating results highlighted in the reports in the last decade and a half both in Ireland and other jurisdictions.  So why do we not have similar significant oversight and regulation for schools?”

“The bottom is that if we want to move to a position where we have a child centred system and then we need a lot more. The guidelines are a good start. I welcome that the guidelines are published. We have much to do before September and this has got to be item number one this week in the minister’s inbox once they are appointed, to get a much better system to protect children with disabilities and protect children who are neurodivergent.”

Derval McDonagh, CEO of Inclusion Ireland:

“These guidelines will come into full effect in September 2025.  That gives us adequate time to address the shortfalls we have highlighted and ensure that children receive the respect, protection and support they need and are entitled to receive. Our history in Ireland is shameful when it comes to the protection of children. We are becoming almost immune to traumatising stories of abuse and harm. Let us refuse to write another chapter in this sad history.  Let us choose a new story, one where children’s rights are front and central and we shine a light continuously, bravely and openly where it needs to be shone.  Our children deserve that.”

Adam Harris, CEO AsIAm

“This week there will be a new Minister for Education, a new Minister for State for Special Education and a new Oireachtas committee on Education. This will provide the opportunity for proper scrutiny of the Guidelines by the Dail before September.  We aim to change what we believe are the fatal flaws around self-reporting and self-policing of incidents of restraint; challenges of understanding the rights of the child in the new guidelines; the challenges of accountability gap, better processes and most importantly mandatory training for everyone involved in educating children.”

“We are asking the incoming minister to appoint an independent child protection officer. We are delighted that our campaign will be supported by a robust legal team with world class experience in this area to help us deliver the outcomes that our members and their families deserve.”

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