I propose to take Questions Nos. 1125, 1126, 1130 and 1131 together.
My Department provides funding and policy direction for schools; it does not have the power to instruct schools to follow a particular course of direction with regard to individual complaint cases. My department's role is to clarify for parents and students how their grievances and complaints against schools can be progressed.
A school may have a formal complaints process in which case this should be followed in pursuing any complaint. Where a parent is of the view that a school's Board of Management has failed to investigate or adequately investigate their complaint, it is open to them to raise the matter directly with the Chairperson of the Board of Management.
The Office of the Ombudsman for Children may independently investigate complaints about schools recognised by the Department of Education and Youth, provided the parent has firstly and fully followed the school's complaints procedures. The key criterion for any intervention by the Ombudsman for Children is that the administrative actions or non-actions of a school has, or may have, adversely affected the child.
The Education (Student and Parent Charter) Bill has been passed by the Seanad and is currently awaiting a date for Committee stage in the Dáil.
The overall aim of the Bill is to improve the level of engagement in the school community by inviting feedback, comment and observation from the school community and by further developing a listening culture in schools.
One of the key concepts of the Bill is the need for a school to consult with students and their parents on individual school plans, policies and activities. This approach will help ensure that the various views of students and parents on issues and policies will be heard and responded to by schools.
The legislation will help ensure that the school community continues to work in partnership effectively together and will provide greater clarity for students and their parents on what they can expect from schools.
The legislation will require every school to publish and operate a Charter in accordance with national Charter guidelines.
The Bill sets out the key matters that the Minister must have regard to when preparing the charter guidelines and the types of matters that can be addressed in those guidelines. The Bill also provides for the Minister to give a direction to a board of management where he or she is of the opinion that a board of management has failed, or is failing, to comply with its obligation to prepare, publish and implement a charter.
In relation to complaints, the Bill proposes to replace the existing Section 28 of the Education Act, 1998 with a new Section 28 which, working with other provisions of the Bill, will ensure that all schools will be required to have and to implement standardised complaints procedures for parental complaints and complaints from pupils and students.
The charter guidelines will set out the details of the complaints procedures and these will focus on dealing with complaints efficiently, effectively and, as far as possible, informally.
My Department has commenced work to develop standard complaints procedures for schools in collaboration with the education partners.