IPPN DEPUTY PRINCIPALS CONFERENCE Legal seminar Current legal

IPPN DEPUTY PRINCIPALS’ CONFERENCE Legal seminar Current legal issues May 14 th 2010 David Ruddy BL 1

Special Needs Education and the Law recent cases 2

LUCAN EDUCATE TOGETHER V DES & SECTION 29 COMMITTEE HIGH COURT 2008 AUTISM OUTREACH UNIT MILD V MODERATE LEARNING DISABILITY REFUSAL TO ENROL 3

SCOIL MHUIRE V DES & SECTION 29 APPEAL COMM High Court 2009 MAINSTREAM & AUTISTIC UNIT SCHOOL FULL /WAITING LIST NO 1 OFFERED PLACE NO 4 BRINGS SECTION 29 WINS 4

Mr & Mrs X V a Boys national school Equality Authority 2009 Boys school & co educ autistic unit School refuses to enrol non autistic girl 5

Mrs A (on behalf of her son B) v A Boys National School Equality Authority 2009 Parents of Autistic/ ADD/Moderate learning disability allege discrimination 6

Special educational needs pupils Code of behaviour should be flexible enough to allow for the implementation of individual behaviour management plans In case of gross misbehaviour or repeated instances of serious misbehaviour when safety/duty of care at issue code takes precedence 7

Expulsion Timothy o Donovan v Bom De La Salle College Wicklow & Section 29 Appeals Committee High Court Jan 2009 8

School discriminates Mary Knott(on behalf of son David) v Dunmore Community College 2009 Equality Officer 9

SAFETY, HEALTH AND WELFARE ACT 2005 REPLACES THE 1989 ACT (as of 1 st September 2005) 10

RISK ASSESSMENT AND THE SAFETY STATEMENT 5 STEPS TO A SAFETY STATEMENT 11

Identify the risks Assess the risks Select the control measures Write the safety statement Record and review (annually) 12

ASSESS THE RISKS The likelihood of the harm occurring and the severity of the consequences if it does arising from those hazards. 13

SELECT THE CONTROL MEASURES Select appropriate measures to eliminate the hazards and where that cannot be done to reduce risks. 14

RISK ASSESSMENT SAFETY HAZARDS Low Med High CONTROL MEASURES REVIEW Tree Roots through tarmac Remove Roots and patch surface with tarmac Torn and curly edge carpet Caretaker to fix and glue carpet Spillages – slips and trips Area to sealed off and wet care sign put in place Running in corridor No running rule to be strictly enforced teacher always leaves class out of room Hot water / drinks on the corridor Written memo prohibiting carrying drinks on yard Annually A. V Equipment is subject to regular maintenance checks Annual electrical inspection Annually If problem persists - replace carpet 15

RISK ASSESSMENT SAFETY HAZARDS Low Med High CONTROL MEASURES REVIEW Children outside office at lunchtime Must have a written note to be kept off yard How effective was the written note Children being collected early from school All children must be signed for in advance Fire windows in classrooms must be signposted Get labels from Apex Fire Parking Cars on Fire Exits All staff and parents informed in writing of parking on exits Weekly Broken Bottles on yard Caretaker to check yard in advance each day Weekly Ice/snow Caretaker to come to school early and salt / clear area Weekly 16

RISK ASSESSMENT Low Med High CONTROL MEASURES REVIEW Pupils seeking enrolment with a history of violence towards other pupils Defer / refuse enrolment Pending provision of adequate resources Pupils seeking enrolment with a history of violence towards staff Defer / refuse enrolment Pending provision of adequate resources and training for staff Pupils seeking enrolment with a history of damaging property belonging to previous schools Defer/ Refuse enrolment Pending safety audit 17

WRITE THE STATEMENT When bringing the safety statement to the attention of employees it must be a form manner and, if necessary in a language that can be understood by employees. It should be done annually and on recruitment. 18

Cross referencing Code of Behaviour not stand alone document Anti bullying policy part of code Health & Safety statement Admission/participation policy 19

TORT OLD NORMAN FRENCH “A WRONG” – CIVIL REMEDY AN ACTION for “Unliquidated Damages” 20

PROOFS NECESSARY TO SHOW THAT A TORT HAS BEEN COMMITTED w. Must have been a VOLUNTARY ACT or OMISSION w. OFFENDING PARTY MUST have been at FAULT or NEGLIGENT in some way. 21

NEGLIGENCE O DONOGHUE V Stevenson 1932 Bottle of ginger beer 22

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) 23