Archives: News

29th April 2025 

 

Inclusion Ireland has today issued a strong statement in response to the General Solicitor’s commentary on the final report of the Farrelly Commission into the ‘Grace’ foster home abuse. The disability advocacy organisation expressed deep concern and solidarity with Grace, a survivor of prolonged abuse and neglect. 

 

“We speak often of the re-traumatisation of survivors. Grace is one such survivor. What she endured and experienced over many years is absolutely devastating, having her voice ignored has compounded that trauma unimaginably. The General Solicitor’s statement tells us clearly that Grace’s voice has been silenced by the Commission. She was silenced for 20 years in foster care and now she has been silenced yet again by the very process that should have supported her to access some semblance of justice.” Derval McDonagh, CEO , Inclusion Ireland 

 

The exclusion of “Grace’s” legal submissions from the Commission’s report is a deeply worrying development that must be addressed to ensure accountability and prevent similar failures in the future. 

 

Derval continued “Non-speaking people deserve the same access to justice as every other person living in this state. We demand a full investigation and a public statement on the rationale for this omission, the omission of Grace’s voice.”  

 

ENDS 

 

Contact:  

For more information please contact:  

Caoimhe Suipéil, Head of Communications, Inclusion Ireland  

Email: Caoimhe@inclusionireland.ie  

Phone: 086-2265813  

 

26th February 2025 

Inclusion Ireland will launch a new research report today (Wednesday 26th of February), “Exploring the Need for a Representative Advocacy Service for Children with Intellectual Disabilities in Ireland.”  

The report Commissioned by Inclusion Ireland and compiled by the Centre for Disability Law and Policy at the University of Galway, examines the current landscape of services and supports available to children with intellectual disabilities in Ireland, and calls for the establishment of a children’s advocacy service.  Whilst the state provides representative advocacy for disabled adults and for some children in the care system, there is no national advocacy service for children.   

 The research will be launched by Dr Niall Muldoon, the Ombudsman for Children. 

 “I am delighted to launch this report into the importance of having an Advocacy Service for Children with Disabilities, because through the complaints we take in the office of the Ombudsman for Children for those children we can see the massive struggle many are going through, every day, just to have their rights upheld. 

 The State should be set up in such a way that parents can be sure their children will have access to whatever services they need. Without that guarantee then an Advocacy Service becomes a necessary part of the infrastructure for those parents and their children.” Dr Niall Muldoon, Ombudsman for Children 

 It has become increasingly clear in the last number of years the enormous pressure that children and families are under in accessing what should be some fundamental and basic rights; the right to a high‐quality education in your local school, the right to access health and social care supports in a timely manner.  It is a daily occurrence that we hear of one parent giving up work just so they can be the primary advocate in navigating this world.  This further compounds the economic disadvantages that many children with intellectual disabilities also face. 

 

Derval McDonagh, CEO of Inclusion Ireland states: “ We have seen the effect that the National Advocacy Service has had on the lives of disabled adults who access it. We want the same for children. A state funded, independent advocacy service could at least begin to shine a light where it needs to be shone and may even prevent crisis situations in families occurring. To show children and their families they are not alone, to walk the path alongside them as they navigate complexity and to have hope of some justice in accessing what should be the right of every child in this state; to live an ordinary decent life as part of a loving, supported family.  As the new National Disability Strategy is being finalised, there is an opportunity now to make this a key action in the coming years” 

 Speaking about education, Lucinda Murrihy, Head of Strategy & Innovation at Inclusion Ireland, and parent to two disabled children said: “Too many disabled children are voiceless and silenced by a system designed to protect the adults. In some schools when it goes really wrong for children there is currently no support for them or their families. They are pushed into a biased schools complaints process in which the school investigates itself. I consider myself a very strong advocate for my daughter but I have learned through her horrific experience that the stronger we are as parents, the harder the resistance we face.” 

  She added: “There is a disability language barrier which exists in some schools. When a child tries to advocate for themselves, or with their parent, they spend all their energy trying to tackle this illiteracy in understanding difference instead of addressing the barriers they are facing. It’s so important that children have a strong advocacy support to bridge that gap. Someone to say to adults that there’s a chance you don’t understand this, that you’re not speaking the same language as this child. A strong children’s advocacy service would help schools and other pockets of society to learn to value and listen and believe children.” 

 In light of the government’s commitment to ensuring the voices of children and young people are heard in this year’s Programme for Government, Inclusion Ireland is calling on the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) to establish a task force in 2025. This task force would bring together key stakeholders to make recommendations on the development of an independent advocacy service for children.  This service would provide representation and support to children and their families, working alongside them to ensure the child’s voice is heard, and shining a light where systems are not working for children. 

 You can read the report on our website here

and an Easy to Read version of the report on our website here 

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ENDS 

 

 

Notes 

 

For the purpose of this research, representative advocacy for children and young people is understood as the appointment of a professional advocate that works to empower children to speak up for themselves, ensures they have their views heard in the decisions affecting their lives, and supports them to have their rights respected and to bring about positive change in their lives.  

 

It involves professional, trained experts in advocacy dealing with specific issues and working with an individual until that issue reaches conclusion. Representative advocacy should be independent and based on a human rights-based framework to ensure that the child’s voice is heard and their rights respected. Independent representative advocacy services should be provided by non‐governmental advocates who operate outside disability services, although providers may include children’s charities or disability advocacy organisations. 

 

Contact: 

 

For more information please contact: 

 

Caoimhe Suipéil, Head of Communications, Inclusion Ireland 

Email: Caoimhe@inclusionireland.ie 

Phone: 086-2265813 

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.

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.

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

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.