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Education Case Summaries (Annual Report 1996)

Education Case Summaries (Annual Report 1996)

DEPARTMENT OF EDUCATION

5 June 1997

In 1996 the Ombudsman received 105 complaints within jurisdiction against the Department of Education which amounted to 8.5% of the total number of complaints against government Departments. In 1995 a total of 81 complaints within jurisdiction were received so the 1996 figure represents an increase of 30% in complaints against the Department of Education. The total number of complaints against the Department on hand in 1996 was 151 as 46 complaints had been carried over from 1995. During 1996 an examination of 115 of these was completed. The total number of complaints withdrawn or discontinued was 23. Of the remaining 92 cases, 60 were not upheld, 19 were resolved and in 13 cases assistance was provided.

In the 1996 report the Ombudsman reports on one case involving the Department of Education.

Recognition of Gaelscoileanna

During 1996 the Ombudsman received complaints against the Department of Education from a number of gaelscoileanna. These schools had operated over the years on the understanding that individual schools would be given provisional recognition by the Department of Education in accordance with specified criteria set down by the Department. The school would then be in a position to avail of the considerable benefits accruing from recognition as a national school. .

A number of schools applied again, in March 1996, for recognition in the year commencing September 1996. However, during 1996, the Department had reviewed the criteria for recognition of gaelscoileanna and in August 1996, immediately before the commencement of the academic year a number of schools were refused recognition as a result of a change in the criteria. This change in the Department's practice gave rise to considerable stress and uncertainty for the schools. The financial burden of continuing to operate was considerable. Promoters found it difficult to retain the confidence of parents in the longer term prospects for the schools. In the case of at least one school, there was a serious doubt as to whether it could maintain its numbers and continue to operate.

The Ombudsman informed the Department that it appeared to him that it had failed to give adequate notice of the change in the practical requirements for recognition and that this may have been contrary to fair and sound administration. He asked the Department to review its decision to refuse recognition to three of the schools involved. While he had to withdraw from his examination of two of the cases because the schools in question sought leave to apply for judicial review, he was pleased to note that the Department subsequently granted recognition to the schools.