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Inclusion Ireland is a national advocacy organisation that works to promote and secure the rights of people with an intellectual disability.

We work towards the full inclusion of people with intellectual disabilities by supporting people to have their voices heard and advocating for rights under the United Nations Convention on the Rights of People with Disabilities (UNCRPD)

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Inclusion Ireland and AsIAm Call for Urgent Review of Reporting Mechanism for the Use of Restraint in Schools

Children’s Rights Absent, Voices Silenced

20th January 2025

Inclusion Ireland and AsIAm will launch a campaign for a child-protection led review of the reporting mechanism for the use of restraint in Irish schools prior to it coming into force in September. 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.

Sign up and join the campaign: http://asiam.ie/what-we-do/policy#news

Autistic children and children with intellectual disabilities frequently experience restraint in Irish classrooms in a context in which there is no mandatory training or robust, child-centred safeguards. The new guidelines have created a reporting mechanism for schools to the National Council for Special Education. However, this agency has no powers of investigation and, as such, the guidelines conflict with the Children’s First Act and Ireland’s international human rights obligations.

The campaign launch will take place with an event at the Ashling Hotel in Dublin. Titled “Seclusion and Restraint in Irish Schools: Campaign for a Children’s Rights-Focused Review of National Guidelines” participants will call for a national conversation on what needs to change to make the guidelines more rights based to protect children from harm.

Inclusion Ireland and AsIam welcome certain elements of the guidelines, such as the outright ban on the use of seclusion, but they fall far short of protecting children from harm. The guidelines do not require schools to mandate training for teachers, secure parental consent prior to the application of restraint, nor are school-level policies or compliance inspections by the Department included in the framework.

For many years, our organisations and communities have highlighted the use of inappropriate restraint in Irish schools. A snap survey by our organisations last year found 27% of respondents had experienced restraint within the classroom. These traumatic incidents often take place in scenarios where children with disabilities, communication and support needs are misunderstood, where schools are under resourced and where insufficient training and safeguards are in place. These practises have seen children experience unexplained injuries, endure major trauma and distress and have their movements unlawfully restricted.

When families raise concerns in relation to the use of restraint, they are often referred to Schools Complaints Procedure which sees a school investigate itself, as opposed to appropriately referring the safeguarding concern to Tusla, as is required by Children’s First legislation. In recent years, a number of prominent cases relating to restraint have been brought before the courts and statutory bodies, including the Teaching Council.

This event provides an opportunity to look at the guidelines through the lens of domestic and international law covenants and will feature expert speakers with legal, educational and social care expertise and to highlight the steps which can be taken by the new Government to rectify the guidelines shortfalls before schools are mandated to operate the reporting mechanism in the new academic year.

Inclusion Ireland and AsIAm will be joined by Caoilfhionn Gallagher, Special Rapporteur on Child Protection and the Ombudsman for Children, Niall Muldoon, who will provide keynote contributions. The event will also hear from a panel discussion with key experts. Comments from the various event speakers will be circulated to media following the event on Monday 29th January.

We are urging the Minister for Education and Minister of State for Special Education and Inclusion to instigate an independent child protection review of the guidelines and the reporting mechanism on the use of seclusion and restraint in schools.

AsIAm and Inclusion Ireland will invite families and stakeholders to sign up to the campaign and call on their public representatives to take action. The organisations will also announce the appointment of an international legal team who will consider the actions which can be taken, domestically and internationally, to challenge the legality of the reporting mechanism.

Adam Harris, CEO of AsIAm said, “We have serious concerns that the guidelines published last month are insufficient, unclear and inadequate. It is simply unacceptable for the Department to put in place a reporting mechanism which is, by design, incapable of proactively safeguarding children. The National Council for Special Education will receive potentially large volumes of anonymised data relating to child safeguarding and yet has no formal pathway to Tusla, the appropriate national agency for such concerns. These guidelines will continue to see schools investigate themselves whilst the Department fails to be proactive and vindicate its public sector duty to uphold human rights and promote equality. Today, Autistic children are out of school, experiencing unexplained injury or deeply traumatised by past experiences of restraint. These guidelines will not prevent this reality continuing.”

Derval McDonagh, CEO of Inclusion Ireland states: “When we need to talk about the seclusion and restraint of children in our schools, we know that something has gone desperately wrong in our society. Inclusion Ireland has been calling for robust guidance for schools for many years now. Whilst we welcome some elements of the guidelines, it is clear that they do not go far enough to protect and safeguard children
from abuse. We know from recent surveys that many children are experiencing these harmful practices; the lack of children’s rights-based training and resources for schools is a critical gap. We also know that when a child is restrained, there has to be a system of oversight and governance which is completely lacking in these guidelines. We urge our Ministers to call halt and to listen to the voices of children and their families who are demanding better. These guidelines need to be reviewed and amended, through the prism of children’s rights and safeguarding.”

Sign up and join the campaign: http://asiam.ie/what-we-do/policy#news

ENDS

For more information, and to arrange media interviews please contact:

Paul Bradley +353 851744281 paul.bradley@fleishmaneurope.com
Jane O’Toole +353 852044839 jane.otoole@fleishmaneurope.com

Notes to editor:

Mechanical restraint is the use of a device, equipment, or other tool for compelling, controlling, or subduing the bodily movements of the person to whom such mechanical restraint is administered.

Physical restraint is the use of direct physical contact by one or more persons for the purpose of compelling, controlling, preventing, or subduing the bodily movements of the person being restrained.

Chemical restraint is the use of substances as ingested, inhaled, or injected for the purpose of compelling, controlling, or subduing the behaviour of the person to whom the medication is administered, regardless of whether such substance has been medically prescribed for the treatment of formally diagnosed physical or mental illness.

Seclusion is defined as placing and keeping of a person alone in a room or other space from which they are unable to leave.

Department of Education Fail in their Duty to Protect Disabled Children against Seclusion and Restraint

Release date: 13.12.2024

Inclusion Ireland has said that today’s long-awaited published guidelines on seclusion and restraint, gov.ie – Understanding Behaviours of Concern and Responding to Crisis Situations, have failed disabled and neurodivergent children who remain exposed to abuse within the education system.

CEO of Inclusion Ireland, Derval McDonagh said: “Not only have the Department of Education delayed in their duty to deliver promised guidelines by six years, but they have also fallen drastically short of what is required. 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. We have heard from children who have been dragged across school floors, physically held against their will, and locked in rooms alone”.

McDonagh added: “Whilst certain aspects of the guidelines are most welcome, for example the banning of seclusion and the statement that restraint should only be used in circumstances where the child is in imminent danger, they fall far short of protecting children from harm.

“We are significantly concerned about the absence of a robust safeguarding emphasis, in particular the reporting of incidences of restraint. The guidelines stipulate that schools report incidences to the National Council for Special Education (NCSE). The NCSE has no power to investigate such concerns. Although there is mention of all school’s obligations under Children First legislation, it is quite conceivable that children will be left in harmful situations with no robust oversight from the state. We wrote to the Department of Education in October of this year to express concerns about this serious children’s rights issue. We have yet to receive a response, and to now see the guidelines published without this fundamental protection in place speaks volumes about how disabled children are treated by the state.”

She went on to say: “Being referred to the complaints process in the school is simply not robust enough to safeguard children. In no other situation where disabled children are supported (e.g residential services) would this approach suffice. If there is even a query about potential abuse, the issues are referred immediately to the appropriate authority. A clear and unambiguous reporting mechanism must feature within these guidelines.”

Earlier this year Inclusion Ireland and AsIAm published a survey which highlighted that this year 35% of disabled children experienced seclusion, while 27% of disabled children suffered restraint at school. Parents shared stark stories of children locked in rooms alone, sensory rooms being used inappropriately, children dragged across the school floor, children physically held and/or lifted against their will. They also reported feeling powerless and fearing retribution and the removal of vital supports they have had to fight long and hard for.

ENDS

Notes to Editor
Contact Lucinda, Head of Communications for Inclusion Ireland on 0868248408 for interview.

Mechanical restraint is the use of a device, equipment, or other tool for compelling, controlling, or subduing the bodily movements of the person to whom such mechanical restraint is administered.

Physical restraint is the use of direct physical contact by one or more persons for the purpose of compelling, controlling, preventing, or subduing the bodily movements of the person being restrained.

Chemical restraint is the use of substances as ingested, inhaled, or injected for the purpose of compelling, controlling, or subduing the behaviour of the person to whom the medication is administered, regardless of whether such substance has been medically prescribed for the treatment of formally diagnosed physical or mental illness.

Seclusion is defined as placing and keeping of a person alone in a room or other space from which they are unable to leave.

Ireland accede to the Optional Protocol of the United Nations Convention for the Rights of People with Disabilities

Last month, the Government in Ireland acceded to the Optional Protocol of the United Nations Convention for the Rights of People with Disabilities (UNCRPD). Six years following Ireland’s ratification of the UNCRPD, accession of the optional protocol represents a milestone in the recognition of the human rights of disabled people in Ireland. It means that people with an intellectual disability and other disabled people can make individual complaints to the UN if they feel their rights are not being met by their government.

The formal process for accession has now been completed and the Optional Protocol to the UNCRPD will come into effect in Ireland on the 30th of November 2024.

You can access an easy-to-read document about the  UNCRPD and the Optional Protocol below:

The UNCRPD – Easy to Read

The Optional Protocol to the UNCRPD – Easy to Read

Election 2024 – Inclusion Ireland Manifesto

Wednesday 23rd October 2024

The General Election will take place before the end of this year.

As a part of our campaign for Election 2024, we have developed our own manifesto and other resources to support our members to advocate and make sure that our voices are heard by all candidates.

What is a manifesto?

A manifesto is a publication issued by a political party before a General Election. It contains the set of policies that they stand for and would wish to implement if elected.

Inclusion Ireland’s manifesto is a call to action for all political parties who are seeking votes to become the next elected government. We call it a manifesto as we want it to be used by political parties and to be reflected in their own manifesto. We want to make sure that people with an intellectual disability and their families have their voices heard. We want to bring the focus back to people’s human rights and their access to good quality services and supports.

Our manifesto highlights barriers faced by our members and the solutions to overcome them. Areas highlighted include education, cost of disability and housing. Others are more general and highlight areas like legislation, the disability budget and cross-departmental collaboration.

Inclusion Ireland’s manifesto is focused on the long term answers rather than the short term fixes.

You can access our manifesto here:  Inclusion Ireland Manifesto

How will I use the manifesto? 

You can use this manifesto in a few different ways:

  • You can print it out and go to your TDs on your own, or with your group, to give it to them.
  • You can post it to your TDs with a letter saying that you support it.
  • You can print it out and use it at home when a candidate comes to where you live and asks for your vote.

 

Resources

You can access an Easy to Read version of our manifesto here.

In the resources section on our website you will find more information about how to vote, you can access it here.

Today and always, we stand in solidarity with all survivors of these horrific abuses, particularly our members with intellectual disabilities

Inclusion Ireland is incredibly saddened reading reports on the “historical abuse” in schools across the country. CEO Derval McDonagh said: “We are particularly focused on the abuse experienced by disabled children in special schools. 528 allegations and 190 alleged abusers relate to special schools, the biggest number in a school for children with intellectual disabilities.

 

“Our hearts are with the survivors. There is nothing ‘historical’ about the trauma they have endured. We know that there are probably many more individuals affected but for a variety of reasons, they have not come to light.

 

“Access to justice is often denied to the people we know and love at Inclusion Ireland. Nonspeaking people or those who cannot rely on speech to communicate are often not seen as ‘reliable’ witnesses. This has got to change. People working in the justice system need particular skills and competencies to interview and take testimony from people with intellectual disabilities. Their accommodation rights should not be ignored or denied.

 

“Today and always, we stand in solidarity with all survivors of these horrific abuses, particularly our members with intellectual disabilities. We will fight by your side to make sure you get justice. We will highlight the support you need to access your rights. For too long people with intellectual disabilities have been more at risk of abuse than their non disabled peers. What does this say about our society? We will continue to shine a light where there has been darkness and silence.”

Inclusion Ireland Urges Action on Housing Strategy for Disabled People

Inclusion Ireland took part in the public consultation launched by the Department of Housing at the end of July for its new Statement of Strategy 2024-2026.

We highlighted in our submission our concern on the lack of progress made in the implementation of the National Housing Strategy for Disabled People 2022-2027.

The submission, amongst other things, recommends to track the number of social housing delivered to people with an intellectual disability and for the new Strategy to contains the Government’s obligations under the UNCRPD.

Pre-Budget 2025 submission

Release date: 24th July 2024 

Inclusion Ireland calls for government to stand up for children in Budget 2025

Inclusion Ireland Pre Budget Submission Document 2025
Inclusion Ireland Pre Budget Submission 2025

74% of parents think schools should be completely reformed with “substantial investment”. Following a survey of their community, Inclusion Ireland’s CEO Derval McDonagh said: “Investing in an inclusive education strategic plan now will mean that we can move away from reactive, short-term decision making and plan for a more inclusive society.” 

Only 6% of parents believe that schools are given every resource they need to support their child. While almost 90% of parents said their child has a school place this coming September, 29% said that the place is not suitable for their child. Many children are still travelling long distances to school away from their communities. 76% of parents said that the voice of their child isn’t heard or is only sometimes heard at school. 77% said that last years Budget announcement made no difference to the barriers experienced by some children in school.  

“The results are stark and paint a picture of children struggling in our schools to get the support they need, with families fighting to get access to what should be basic rights for their child. We know that T.D.s and Senators hear these stories every day too – it is beyond time to address those real concerns meaningfully.” 

Inclusion Ireland’s survey was conducted with 859 people with an intellectual disability and supporters of children and adults with an intellectual disability. Earlier this month the Ombudsman for Children shared with the Oireachtas Committee on Children, Equality, Disability, Integration and Youth that “education was again the most complained about issue in 2023, with 40% of complaints relating to education”. 

Call for Inclusive Education Strategic Plan

Inclusion Ireland called for political leaders to stand up for children with a specific budget to develop a six-year inclusive education strategic plan. This should be Government led, with cross Government support, and with the voices of disabled children, disabled persons organisations and advocacy organisations at the centre. Inclusion Ireland believes the inclusive education strategic plan should focus on committing to: 

  • Building a vision for a model of education where all children get the support they need to thrive and flourish in school. 
  • Rights and relationship-based training for teachers at undergraduate and postgraduate level, and for experienced teachers. 
  • Developing a model for disaggregated data on the experience of disabled children in school – currently there is no data available on outcomes for children. 
  • Better planning for school places. 
  • Reducing class sizes in line with the EU average. 
  • Increasing Special Needs Assistant’s and Special Education Teachers. 
  • Significantly investing in the further roll out of the National Council for Special Education in-school pilot of therapeutic supports for disabled children (School Inclusion Model). 
  • Investing in more inclusive, accessible school buildings and spaces.  
  • Developing CAMHS – intellectual disability teams to support children’s mental health and well-being before crisis point. 
  • Reviewing the current model of education for disabled children and making recommendations for future development. 
  • Realising the vision in the NCSE  Policy Advice Paper An Inclusive Education for an Inclusive Society, published in 2024. 

 

McDonagh added: “We need to make Budget 2025 an inclusive education budget because children all over Ireland are experiencing the greatest injustice of our time right now in Ireland, and they are not listened to. Ultimately, we all want our children to leave school feeling good about themselves, confident, unique, and ready to achieve their dreams and potential. An inclusive education will give them that chance, but only if the right resources in the right places are allocated and a whole of Government, collaborative approach is taken. This approach must involve children as the most important stakeholder. 

“We fully believe that inclusive communities have their roots in inclusive education and our efforts as a society have got to start there. We have to work towards a system in which all children get to go to their local school with their siblings and peers, with the support they need to thrive and flourish. Investing in inclusion in the early years is not just the right thing for Government to do but can also help alleviate some of the barriers people with an intellectual disability tell us they face later on in life; low employment rates, living in poverty, limited independent living options.” 

Education System Failing Children with Intellectual Disability

Earlier this year, almost 500 parents told Inclusion Ireland about issues in the educational system. They reported that 45% of children with support needs are being failed. These children face a lack of appropriate supports at school. They also deal with a reduced timetable, emotionally based school avoidance, or other distressing experiences. Some do not attend school at all.

In February, over 400 parents told Inclusion Ireland and AsIAm about seclusion and restraint. They said that 35% of their disabled children experience seclusion. Additionally, 27% suffer restraint at school.

In April, 210 parents told Inclusion Ireland about difficulties with school rules. 68% of the parents said their disabled child finds it difficult to follow school rules. Despite this, schools have punished 56% of these children for not following a rule. Parents reported that school rules cause anxiety-based school avoidance, stress, and frustration. Other issues include dysregulation, overwhelm, panic, and withdrawal. They also mentioned burn-out, confusion, “depleting confidence,” and low self-esteem in their children.

ENDS 

Link to Inclusion Ireland Pre-Budget 2025 Submission Document

Make children with intellectual disabilities matter – Pre-Budget 2025 Submission (inclusionireland.ie)

Inclusion Ireland Annual Report 2023

Our Annual Report of 2023 details our efforts and achievements in promoting the inclusion of people with intellectual disabilities. Here’s a summary of the report’s key sections:

1. About Us:

  • Focus on advocating for the rights of people with intellectual disabilities and promoting their inclusion in Irish society.
  • We aligns our work with the United Nations Convention on the Rights of People with Disabilities (UNCRPD).

 

2. Values:

  • Respect, inclusion, equality, voice, and choice are the core values guiding their mission.

 

3. Membership:

  • Membership increased significantly in 2023, with one-third of members being people with intellectual disabilities.

 

4. Messages from Leadership:

  • CEO, Derval McDonagh: Emphasized the new strategic plan, campaigns for inclusive employment, and plans for improving educational inclusion in 2024.
  • Chairperson, Ashley Sands: Highlighted the board’s efforts to review and support the strategic plan, and plans for improved governance and diversity in 2024.

 

5. Board of Directors:

  • Described the board’s composition, sub-committees, and commitment to inclusive governance.

 

6. Strategic Plan 2023-2026:

  • Three main goals: Campaigning for change, promoting accessible communication, and supporting self-advocacy and participation.

 

7. Campaigns in 2023:

  • Budget 2024 Submission: Advocated for a permanent cost of disability payment and increased disability allowance.
  • Housing: Worked on the National Housing Strategy for Disabled People and supported the de-congregation of institutional living.
  • Employment: Addressed the underrepresentation of people with intellectual disabilities in the workforce and launched the Employment Code of Practice and a related podcast.
  • Education: Contributed to the review of the Education for Persons with Special Educational Needs Act and released a report on inclusive education.
  • Seclusion and Restraint: Campaigned against the use of seclusion and restraint in schools.

 

8. Self-Advocacy and Participation:

  • Highlighted the roles of self-advocates in public forums, advocacy training, and projects.
  • Stories from self-advocates that underscored the impact of Inclusion Ireland’s support.

 

9. Accessible Communication:

  • Our focus on making information accessible and improving communication practices.
  • Accessible documents we have developed and reviewed with other organisations.

 

10. Finances:

  • Details of income sources and expenditure for 2023, noting the main funders and project costs.
  • Summarised the organisation’s financial health and compliance with financial reporting standards.

 

11. Acknowledgements and Partners:

  • We express our gratitude to members, funders, and partners who supported Inclusion Ireland’s mission in 2023.

 

This report illustrates our approach to advocacy, policy influence, and direct support for people with intellectual disabilities, ensuring their voices are heard and their rights respected.

The most important voice in education policy is children.

Throughout the last few weeks, children have been speaking up and sharing their experience of a system desperately letting them down. The message from children is loud and clear. They are telling the Department of Education over and over again that they are not being supported appropriately in school. They are not getting the same opportunity to access the curriculum as their peers. Children as young as five are having their wellbeing and prospects for the future shattered.  They wait months and years to get support, and sometimes that support comes too late for them, leaving children and their parents to live with the lasting consequences of the system’s inadequacies and inaction.

And yet, the concerns of children and families are simply not being listened to by the Department of Education.

Inclusion Ireland, AsIAm and Down Syndrome Ireland are deeply, deeply concerned by this.

On behalf of children – Inclusion Ireland, AsIAm and Down Syndrome Ireland – urgently request that the Department of Education acknowledge the real concerns of children and respond properly to their very real everyday lived experience of school.

Our children deserve to be listened to, acknowledged, respected, and to have their rights met at school.

We ask anyone reading this to please add your voice and power to support the voice of Autistic children and disabled children.

We are calling on the Department to urgently:

– Provide transparency on this issue by disclosing the budget it sought through the estimates process for the SET allocation model

– ⁠Publish accessible information about the changes to the allocation model which are clear and consistent for families

– ⁠Show confidence in its own model, and comply with basic good governance and good administration, by putting in place and publish a budget for the Exceptional Review Process and guaranteeing the independence of the process

– ⁠Provide a written framework document on how disability stakeholders will be consulted into the future, which demonstrate an understanding of the UNCRPD and the fundamental obligation to centrally consult disability stakeholders.

We are calling on all our members to make contact with their public representatives to seek assurances from Minister Madigan and Foley in this regard. Additionally, we encourage our community members to make their views known to all with a stake in the education system.

ENDS