Dáil Éireann Debate, Thursday - 14 May 2026
312. Deputy Shane Moynihan asked the Minister for Education and Youth the current policy regarding assault leave for special needs assistants and teachers; whether her Department is satisfied that existing arrangements adequately support staff who are subject to workplace assaults; and if any review or changes to assault leave provisions are being considered. [36423/26]
Amharc ar fhreagraThe Leave of Absence following Assault Scheme, as detailed in Circular letters 61/2017 for teachers and 62/2017 for SNAs, provides for special leave with pay (subject to specified limits) to a teacher/SNA who is unable to perform their duties due to a physical injury following an assault that happened in the course of their duties and during approved school activities.
Under section 24 of the Education Act 1998 (as amended by the Education (Amendment) Act 2012) the board of management is the employer of teachers, SNAs and other staff of the school. In the case of community national schools, the ETB is the employer and not the board of management.
The board’s role as an employer includes responsibility for the recruitment and dismissal of teachers, SNAs and other staff within the school, subject to relevant Department circulars, employment legislation and sectoral agreements. The role also includes but is not limited to, health and safety, building, promoting, and maintaining positive staff relations.
In accordance with the Safety, Health and Welfare at Work Act 2005, it is the responsibility of individual school authorities to have a safety statement in place in its school and to ensure as far as is reasonably practicable, the safety, health and welfare at work of its employees and those who are in anyway affected by the work activities of the school.
The safety statement should identify potential hazards, assess the risks to health and safety and put appropriate provision in place to safeguard the safety and health of employees and pupils.
The body which has statutory responsibility for ensuring that health and safety requirements are met by all employers, including schools, is the Health and Safety Authority (HSA). Guidelines for managing safety, health and welfare at work were developed following consultation with relevant stakeholders.
On December 12, 2024, my Department published the "Understanding Behaviours of Concern and Responding to Crisis Situations Guidelines for Schools in Supporting Students " guidelines. (www.gov.ie/en/department-of-education/circulars/understanding-behaviours-of-concern-and-responding-to-crisis-situations-guidelines-for-schools-in-supporting-students/)
My Department established a working group to develop these guidelines for schools on the prevention and management of behaviours of concern, where such behaviour poses imminent danger of serious physical harm to self or others within the school environment. The guidelines have been developed to address uncertainty for staff on how to respond when facing crisis situation where there are concerns regarding physical safety. They focus on creating inclusive environments which can respond to need and build on good practice including prevention and de-escalation.
The guidelines place a strong focus on prevention, early intervention and de-escalation strategies for the management of crisis situations in which physical intervention may be employed only as the last part of a comprehensive, positive, and planned behavioural approach by the school. The guidelines are written from a children’s rights perspective and are based on core values such as focusing on the child’s wellbeing, promoting respect, working together, creating a whole school approach, ensuring a safe environment, and following legal requirements.
My Department remains committed to supporting the whole school community and will continue to ensure that the appropriate supports and training are available.
My Department is committed to ongoing consultation and engagement with all stakeholders and advocacy groups to ensure that the guidelines support the most effective practices in schools. My Department is committed to monitoring and reviewing the implementation of the Guidelines in schools and to updating them as necessary on foot of the outcomes of the monitoring and review.
Teachers and SNAs also have access to the Employee Assistance Service, 24 hours a day and 365 days a year. The Employee Assistance Service offers supportive services which may include short term counselling.
Please note, that amendments to public service pay and conditions, including pension arrangements, are determined through centralised engagement and collective bargaining between the Government and public service unions.
My Department will continue to engage with the Education Partners through the established Industrial Relations Fora in the Education Sector, through which any amendments to existing leave schemes, including the Leave of Absence Following Assault schemes, must be sought and agreed.
