Grievances & Behaviour

Table of Contents

Codes of Behaviour

Boards of Management of schools must after consultation with teachers, parents, Educational Welfare Officers prepare a code of behaviour in respect of students registered at the school. The code of behaviour must specify:

standards of behaviour to be observed by students attending the school;
measures to be taken when the student fails or refuses to observe standards;
procedures to be followed before a student may be suspended or expelled;
grounds for removing a suspension imposed in relation to a student;
procedures to be followed in relation to notification of child’s absence;

The code of behaviour shall be prepared in accordance with guidelines following consultation with the NEWF, the National Association of Parents, School Management organisations trade unions and staff associations.

The principal of a recognised school, before registering a child shall provide the parents with a copy of the code of behaviour. He or she may, as a condition of registering, require parents to confirm in writing that the code of behaviour is acceptable to them and that they shall undertake to make all reasonable efforts to secure compliance with the code by the child.

Proposal to Expel

Where the Board of Management of a recognised school or person acting on its behalf is of the opinion that the student should be expelled, it shall before expelling the student notify the Education Welfare Officer in writing of its opinion and the reasons for it.

The Educational Welfare Officer shall as soon as may be after receiving notification, make reasonable efforts to ensure that provision is made for the continued education of the child concerned. He shall make reasonable efforts to consult with the principal of the school concerned or its nominee, the student, parents, and other persons as appropriate and shall convene a meeting attended by him or her of such person as agreed to attend.

The student will not be expelled until 20 school days pass following receipt of notification by the Educational Welfare Officer. This is without prejudice to such other steps as are appropriate to ensure that good order and discipline is maintained in school and that the safety of the students is secured.

Appeal

The NEWB may appeal the expulsion or refusal to enrol decision to the Secretary General in accordance with S.29 Education Act. It may also make submissions on an appeal brought by a student or parent.

Where a decision in relation to expulsion or refusal is upheld by the appeal committee appointed under the section and no appeal is brought against the decision, the NEWB must make reasonable efforts to have the child whom the decision concerns, enrolled in another school. If it cannot succeed in having the child enrolled it must make reasonable efforts to ensure that the child receives a certain minimum education.

The Education (Miscellaneous Provisions) Act 2007 amended the provisions regarding appeals arising from decisions to suspend, refuse to enrol or expel. They were replaced in the Education (Miscellaneous Provisions) Act 2018.

Considerations

The appeals committee in relation to expulsions, refusals or suspensions may consider a range of factors including

educational interests of students taking the appeal,
those of other students
nature scale and extent of behaviour,
reasonable efforts made by the school
safety and health and welfare of teachers and students,
school practices
code of behaviour,
the extent to which it complied with guidelines,
the statutory duty of schools,
other relevant matters.

There is a provision for an appealed committee to refuse, the appeal, which is frivolous, vexatious, or an abusive process.

Welfare Issues

The 2000 Act provides statutory restrictions on expulsion and suspension. Where a student is suspended from a recognised school for at least 6 days, the principal must inform an Educational Welfare Officer. The Officer must consult with the student concerned, parents or the principal as he considers appropriate and make reasonable efforts to ensure that provision is made for continued education of the child and his or her full participation in school.

Where a Board is of the opinion that a student should be expelled, it must first notify the Educational Welfare Officer of its intentions, of its opinion and the reason. The Welfare Officer shall, as soon as may be after notification, make all reasonable efforts to ensure provision is made for continued education of the student to whom the notification applies.

The Officer must consult with the principal and person or persons nominated, his parents and such other persons are appropriate. He must convene a meeting attended by him and of persons above, who agree to attend. A student should not be expelled from school before the passage of 20 school days following the receipt of notification by an Educational Welfare Officer.

Code of Behaviour

This is without prejudice to the Board of Management’s power to take such reasonable measures as it considers appropriate for good order and discipline in the school. It may extend supervision, suspension supervised study etc.

The Board of Management must provide a code of behaviour after consultation with the principal, teachers and Educational Welfare Officer setting out procedures to be followed before a student may be suspended or expelled. The code must be approved by the Board at the meeting. It then becomes mandatory. It applies to all students in the school.

The school must implement the procedures before a student may be expelled or suspended. The school must apply the procedures in the code when a suspension is to be lifted or terminated.

Grievances

The Department, following consultation with patrons of recognised schools, National Association of Parents, recognised school management organisations, trade unions and staff associations, may prescribe procedures in accordance with which parents of a student or, in the case of a student over 18, the student may appeal to the board against a decision of a teacher or a member of the school.

There are complaints procedures which been agreed between the Catholic Primary school managers and the INTO which is a multistage process. It commences with an informal stage, which does not involve Board of management. The last stage is reference to the Board of management.

The complaint procedures does not apply to matters of teacher competence, cases where legal action is taken or where other procedures are applicable.

Grievances of students and parents relating to the school shall be heard. There shall be appropriate remedial action as a consequence of an appeal or in response to a grievance. In prescribing procedures, the Department must have regard to the desirability of appeals and resolving grievances in the school concerned.

Appeal to Board (Uncommenced)

Section 28 of the Education Act provides that the Minister for Education may following consultation prescribe procedures, whereby parents or in the case of a student who has reached the age of 18, the student, may appeal to the Board against decisions of a teacher or other member of staff of the school.

Section 28 of the Act provides for the making of regulations for procedures by which parents of a student or students over 18 may appeal to the Board against the decision of a teacher or a member of staff. Grievances of students or parents relating to the student or school and appropriate remedial action may be provided for in consequence of an appeal.

The provision did not become operational and the relevant procedures have not been prescribed. It is expected that the provision would allow for appeals against routine decisions.

Judicial Review

In principle, an application may be made to judicial review a decision of an administrative body. In accordance with the judicial review principles generally, this is limited to a review of legality. A decision may be found unlawful

if it exceeds jurisdiction,
if is so utterly unreasonable that it lies outside the fundamental reason and common sense

is in breach of constitutional rights. See generally the provisions in relation to judicial review of administrative action.