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.

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