1 I.P.P.N CONFERENCE FEBRUARY 5 TH & 6 TH 2004

2 GOOD PRACTICE ESSENTIALS David Ruddy B’ED, DipLaw, B.L

3 CURRENT TOPICAL ISSUES: Bullying Data Retention Special Needs Education Section 29 Appeals

4 POLICIES REQUIRED OF A SCHOOL UNDER STATUTE: POLICY Equality of opportunity Access by parents to children’s records Integration of children with special and educational needs Appeals Procedure School Plan Bullying, Sexual Harassment LEGISLATION: - Equal Status Act Education Act 1998, section 9 (g) - Education Act 1998, section 21, 15 (d) 15 (g) - Education Act 1998, section 29 - Education Act 1998, section 21 - Employment Equality Act 1998, Safety, Health and Welfare at work Act

5 POLICIES REQUIRED OF A SCHOOL UNDER STATUTE: POLICY  Safety Statement  Health education  Management and development of the staff  Admissions and enrolment policy  Code of behaviour/ discipline  School attendance strategies LEGISLATION - Education Act 1998, section 9 (d) - Education Act 1998, section 9 (j) - Education Act 1998, section 15, 2(d) - Education Welfare Act, section 23(2) - Education Welfare Act, section 22

6 BULLYING IN SCHOOL LIABILITYDISCIPLINARY In respect of injuryProcedures instituted on Caused to a pupilfoot of incidents of By another pupil/ pupilsbullying

7 PUPIL INJURED (Physically or Psychologically) by another Pupil/Pupils Either as a one off action or a pattern of behaviour as bullying Appropriate Defendant and actual wrong doer i.e pupil/pupils. Children not a mark for damages Parents not liable for the acts of their minor children Aggrieved/injured children and their parents will look to a party who does have money I.e insurance I.e Board of Management of the school

8 Q.Why should a school be liable in negligence for the intentional acts of others? A. Liability can be imposed because certain relationships impose obligation on one party to protect others from injury resulting from the intentional conduct of the other party i.e.psychiatrist Galway case mother and 2 children drown husband awarded 120,000 euro as part of negligence action.

9 TORT OLD NORMAN FRENCH “A WRONG” – CIVIL REMEDY AN ACTION for “Unliquidated Damages”

10 PROOFS NECESSARY TO SHOW THAT A TORT HAS BEEN COMMITTED Must have been a VOLUNTARY ACT or OMISSION OFFENDING PARTY MUST have been at FAULT or NEGLIGENT in some way.

11 NEGLIGENCE THREE PROOFS Duty of Care (In Loco parentis) Failure to reach Standard required by Law (Objective Standard) Damage / Injury (flows from a breach of the Duty Of Care)

12 VICARIOUS LIABILITY RYAN V MADDEN 1944 – Irish Reports e.g. Junior Primary School Infant Class in Upper Storey of Building.

13 13 YEAR OLD GIRL PUSHED BY FELLOW STUDENT RESULTING IN A SERIOUS HIP INJURY Hamilton V Independent School District No 114 (Minnesota Court of Appeal USA 1984)

14 15 YEAR OLD GIRL LIFTED BY ANOTHER PUPIL (A BOY) AND DROPPED ON A CONCRETE SLAB INJURING HER TAILBONE Haines V Warren (Dept of Education) Australia Court Of Appeal 1986

15 10 YEAR OLD’S ARM BROKEN IN QUEUE FOR LUNCH. ORDER FOR CERTIORARI TO QUASH HEAD’S DECISION NOT TO TAKE DISCIPLINARY ACTION AGAINST THE BULLY. R V Head Teacher of Fairfield Primary School Q.B.D (England)

16 “The standard of care required of the school authorities is to take all reasonable steps and reasonable care not to expose any of the children to a risk of damage or injury.”

17 “The law does not require them to guarantee that an incident like this could not occur.”

18 ANTI BULLYING POLICY Department of Education and Science Guidelines Definition: “Bullying is repeated aggression verbal, psychological or Physical conducted by an individual or a group against others. Isolated incidents of aggressive behaviour, which should not be condoned, can scarcely be described as bullying. However when the behaviour is systematic and ongoing it is bullying”.

19 TYPES OF BULLYING Physical Aggression Damage to Property Abusive Phone/ Texts calls Extortion Intimidation Slagging Name Calling Isolation

20 PREVENTION OF BULLYING Prevention of Bullying should be an integral part of a written Code of Behaviour and Discipline in all schools.

21 ELEMENTS OF SCHOOL POLICY WITH REGARD TO BULLYING

22 To create a school ethos which encourages children to disclose and discuss incidents of bullying behaviour

23 To raise awareness of bullying as a form of unacceptable behaviour with school Management, teachers, pupils and parents/guardians

24 To ensure comprehensive supervision and monitoring measures through which all areas of school activity are kept under observation

25 To develop procedures for noting and reporting incidents of bullying behaviour

26 To develop procedures for investigating and dealing with incidents of bullying behaviour

27 To development a programme of support for those affected by bullying behaviour and those involved in bullying behaviour

28 To work with and through the various local agencies in countering all forms of bullying and anti-social behaviour

29 To evaluate the effectiveness Of school policy on anti- bullying behaviour

30 DISCIPLINARY ACTION If after matter fully discussed with the offending pupil and parents, due warnings have been given and yet problem continues, then suspension and even expulsion must be considered by the school in line with Department Circulars and legislation.

31 DISCIPLINARY ACTION In relation to long term suspension and expulsion it is prudent to inform the Department so that arrangements for alternative education may be put in place for the student.