There are real concerns about the reporting of the use of restraints in schools, ahead of new guidelines coming into force in September, the Special Rapporteur on Child Protection has said.
Caoilfhionn Gallagher said it is high time that there were changes to the use of physical restraint and seclusion of children in schools.
Seclusion will be banned outright from September. Restriction will no longer be permitted in schools unless there is a "crisis" situation where the pupil or others are in imminent risk.
The new guidelines create a reporting mechanism for schools to the National Council for Special Education (NCSE).
However, this agency does not have investigative powers.
Speaking on RTÉ's Morning Ireland, Ms Gallagher said there are real concerns around the reporting of restraint involving a child with special educational needs (SEN) to the NCSE.
This council does not have the powers to have a robust regulatory oversight of this, she warned, and in addition there is no requirement to report restraint of a child without SEN.
"There's going to be an evidential gap and a regulatory gap. It's not something we would put up within any other circumstance. So in residential settings, for example, there's a very robust oversight and monitoring mechanism. Why don't we have that in schools when the risks are similar?"
She said she shared the concerns that have already been expressed by advocacy groups and the Children's Ombudsman.
"Those of us who work in this space are speaking with one voice on these issues," Ms Gallagher added.
Child advocacy bodies are calling on the Department of Education to improve the reporting mechanism.
Inclusion Ireland and AsIAm are launching a campaign for a child-protection led review of the reporting mechanism.
They say the NCSE's lack of investigative powers conflicts with the Children's First Act and Ireland's international human rights obligations.
The charities welcome some elements of the new guidelines but said "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," the charities said.
'Quiet rooms' in schools 'never acceptable'
One mother is calling for tighter safeguards for children in relation to the new guidelines.
Audrey's son is autistic and was also diagnosed with Attention Deficit Hyperactivity Disorder.
She said her son was regularly placed in a so-called "quiet room" while at school. He is now finished his education, but Audrey continues to campaign for improvements.
"These rooms were never acceptable," Audrey said.
"What should have been a quiet and cosy space with noise reduction for kids to be brought to, to help them to regulate themselves ... became a punishment."
Speaking to RTÉ's Morning Ireland, Audrey said: "The new guidelines, they're not good enough. They don't protect their children; the reporting mechanisms are not robust enough.
"It's too wishy washy, sending a report into the NCSE isn't good enough because they can't do anything.
"They have no power, they can't investigate the schools, and the thing is that the kids need to be protected.
"The schools shouldn't be afraid of safeguarding. They shouldn't be afraid of rules. Because it not only protects them, but it protects the kids as well."
Read more:
Seclusion guidelines 'fall drastically short of what's required' - charity
Use of seclusion in schools to be brought to an end
In a statement, the Department of Education said that the guidelines published in December focus on "early prevention, intervention and de-escalation strategies to be employed by staff as a means of ensuring that students can be supported to regulate their behaviour."
It added that training opportunities were available to schools via NCSE to support their engagement with the new guidelines.
The department has issued a circular to schools outlining the reporting requirements for schools in circumstances where restraint has been deployed.
"The guidelines are underpinned by a number of core values which make clear that a student's dignity is of paramount consideration," the statement continues.
"The department is fully committed to engaging with the education stakeholders and advocacy groups to review and update the Guidelines and the resources available to support their operation in schools."
