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Primary School Pupil rights

  • 14-03-2007 10:37pm
    #1
    Mr.Diagnostic
    Registered Users, Registered Users 2 Posts: 937 ✭✭✭


    Hi all,

    Does any one have any information or links to info on the rights of pupils in Irish primary schools?


    This is just a general question to satisfy my curiosity. Say for example a child is thought by staff to have information regarding a matter that the staff are anxious to get to the bottom of. In this hypothetical case the child is not suspected of being complicit in the matter, just with having knowledge of it. Would the staff have the right to constantly question the child? Would the child’s parents have the right to forbid any questioning?

    I am sure the school has a duty of care but also some rights.

    thanks


Comments

  • #2
    maidhc
    Registered Users, Registered Users 2 Posts: 7,674 ✭✭✭maidhc


    Mr.Diagnostic wrote:
    This is just a general question to satisfy my curiosity. Say for example a child is thought by staff to have information regarding a matter that the staff are anxious to get to the bottom of. In this hypothetical case the child is not suspected of being complicit in the matter, just with having knowledge of it. Would the staff have the right to constantly question the child? Would the child’s parents have the right to forbid any questioning?

    The staff would have no right to harass the child, and certainly would be foolhardy to persist with the knowledge that the parents to not consent.

    The general legal scheme in relation to schools is that the Education Act 1988 requires they must have codes of practice drawn up. If they follow these codes of practice, e.g. in relation to disciplining children, they will be in the clear once the policy followed is reasonable. If however they do anything unusual, they need to be extra-ordinarily careful.

    Harassing and continually questioning a child is moving into breach of human rights territory!


  • #3
    padser
    Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭padser


    Schools rights in this area are severely, severely curtailed. If a parent went to the school and said 'my child doesn't know anything about this - I don't want it brought up with him again' it would be highly unlikely the school would do anything other then let it go.

    From a legal point of view it will come down to interpretation of legislation and guidelines, and the the individual facts on a case by case basis so I don't think you will find a nice page telling you 'the child may be questioned twice on the matter and no more' etc etc.


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