I wish to advise the Deputy that, under the Education Act 1998, all recognised schools are managed by their Board of Management on behalf of the school patron. In the case of Education and Training Board (ETB) schools, the ETB is the employer and has responsibility for the management of the school. The school principal is responsible for the day-to-day operation of the school.
While the department provides funding and policy direction for schools, it does not have the power to direct schools to follow a particular course of action in relation to individual complaint cases. The department’s role is to provide clarity to parents and students on how grievances and complaints may be progressed.
Where it is felt that there is cause for complaint, matters would normally be addressed to the individual teacher or school Principal as appropriate. If matters cannot be resolved at that level then a complaint can be addressed to the school’s Board of Management. Where a school has a formal complaints procedure in place this should be followed in pursuing any complaint.
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.
I recognise the importance of ensuring that school complaints procedures are clear, transparent and accessible, and that parents have confidence in the fairness of the process.
The Education (Student and Parent Charter) Bill, which is currently progressing through the Houses of the Oireachtas, provides for all recognised schools to prepare, publish and implement a Charter in accordance with Charter Guidelines. The overall aim of the legislation is to strengthen engagement across the school community by promoting a culture of openness, consultation and partnership between schools, students and parents. A central feature of the Bill is the requirement for schools to consult with students and parents on school plans, policies and activities. This approach is intended to ensure that the voices and experiences of students and parents are more fully reflected in school decision-making processes and policies.
The Charter Guidelines will provide for a standard school complaints procedure for students and parents. My department is working with the education partners to develop the complaints procedure which will focus on dealing with complaints efficiently, effectively and, as far as possible, informally.
