School admission Bill will allow discrimination, warns Ombudsman

The Ombudsman for Children has raised concerns that new school admissions legislation will allow for discrimination against children on the basis of their religion.

A new school admissions Bill, which is currently before the Oireachtas, is aimed at ensuring greater transparency and consistency in school enrolment.

However, Dr Niall Muldoon said the legislation does not address key concerns and recommendations of the Ombudsman for Children's Office.

The legislation, for example, does not deal with the controversial “baptism barrier”issue, in which oversubscribed denominational schools can discriminate in their admissions policies against non-religious or children of other faiths.

In comments accompanying a new report on complaints brought to his office, Dr Muldoon said the new Bill needed to “fully consider children’s rights and dignity” and to take account of Ireland’s obligations under the UN Convention on the Rights of the Child.

Children’s rights

“Specifically, the right of all children not to be discriminated against on any grounds and to have their best interests treated as a primary consideration in all actions concerning them, including the actions of legislative bodies and administrative authorities,” he said.

Minister for Education Richard Bruton has said the "complex issues" regarding the baptism barrier will be debated separately by an Oireachtas education committee over the coming months.

However, he has insisted the new legislation will ensure any denominational school which is not oversubscribed – or 80 per cent of all schools – must admit all students who apply.

Dr Muldoon’s report also raises concerns over cases where vulnerable students are being denied vital education supports due to inflexible and restrictive policies. He said significant and sometimes complex challenges face these young people in accessing and participating in basic education which meets their needs.

Case study

One case highlighted is that of Lorcan, a 10-year-old boy with severe disabilities who was left without education for nearly a year. The boy, who has complex needs and is unable to speak, was attending a school for children with special needs when his parents noticed unexplained and unusual bruises and bite marks on his body.

They reported he had become very withdrawn and did not want to attend school. They withdrew their son from the school while an investigation took place by the Garda and Tusla, the Child and Family Agency.

The Department of Education refused the parents home tuition on the basis they had voluntarily removed their son from his original school and still had a place there. The Ombudsman advised the department that a child-centred approach should inform such decisions and it made recommendations.

Officials from the department later met Lorcan’s family, apologised for delays in providing support and approved home tuition until a school place became available.