Much stronger child protection safeguards are needed in schools over the use of restraint against pupils, the Ombudsman for Children has warned.
It follows the publication on Thursday by the Department of Education of new guidance for dealing with “behaviours of concern” across all schools.
The guidelines state that schools may no longer use seclusion. In addition, physical restraint is no longer permitted except in a “crisis” situation where there is a risk to the student or others.
These include situations such as a student self-injuring, throwing large items such as computers or furniture or physically attacking another person.
Dr Niall Muldoon, the Ombudsman for Children, said that while his office welcomed the ban on seclusion, his office was “deeply concerned” about the lack of independent monitoring and inspection around the use of restraint in schools.
“We are also concerned about a lack of clarity about Tusla’s role in relation to inappropriate use of restraint in schools,” he said. “We welcome the commitment from the Department that the guidelines will be subject to continuous review and updating and we hope these reviews will take our concerns into account.”
In addition, two disability organisations – autism charity AsIAm and Inclusion Ireland, the national association for people with intellectual disabilities – have criticised aspect of the new guidance.
Inclusion Ireland’s chief executive Derval McDonagh said they fail disabled and neurodivergent children who remain exposed to abuse within the education system.
“The practices of seclusion and restraint have a devastating impact on children and this has got to be recognised fully by the state, not in words but in action,” she said. “We have heard from children who have been dragged across school floors, physically held against their will, and locked in rooms alone.”
AsIAm’s chief executive Adam Harris called on the next government to initiate a full independent review to update the guidelines in line with national and international best practice.
“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.
Both groups published a survey earlier this year which concluded that 35 per cent of disabled children experienced seclusion, while 27 per cent of disabled children suffered restraint at school.
Minister for Education Norma Foley, however, said in a statement that the guidance would “aid schools and provide guidance on effective approaches to supporting students with behaviours of concern”.
“These guidelines have been drawn up following extensive public consultation. They have been trialed in a number of special schools over the past year to ensure they provide maximum support for both students and staff when implemented nationally,” she said.
Teachers’ unions have not commented on the guidelines, but some principals have argued privately that it is important to strike a balance between safeguarding children and staff who are at risk of injury in crisis situations.
In cases where physical restraint is used, the new guidelines state that it must be “timely, measured and carried out by appropriately trained” staff.
In addition, it must be documented and reported to the National Council for Special Education, which will collate quarterly reports on the extent of the practice being deployed.
While critics say there is no provision to alert Tusla, the child and family agency, education sources say reporting obligations remain under child protection legislation.
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