Autism charity raises significant issues with new guide for 'behaviours of concern' in schools

Autism charity raises significant issues with new guide for 'behaviours of concern' in schools

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New guidelines on how schools should handle “behaviours of concern” potentially conflict with the Children First Act, autism charity AsIAm has warned.

The charity's CEO Adam Harris said that while AsIAm welcomes the publication of the guidelines, they fail his charity’s three basic tests of effectiveness.

Such behaviours of concern are defined in the new Department of Education guidelines as “behaviours that indicate a risk to the safety or wellbeing of the people who exhibit them or to others”.

Among the guidelines are that: 

- Restraint is recognised as strictly a measure of last resort and "can only be used where there is an imminent risk of serious physical harm or injury to the student or the safety of others". These include situations such as a student starting to self injure by banging his/her head with force on a hard surface, a student starting to throw large items, such as computers or furniture at peers or adults, or a student physically attacking another person. 

- Where a physical restraint has been used in a school, the incident must be reported to the school principal and, subsequently, to the Board of Management or Education and Training Board. From September 2025, schools are also required to report instances of physical restraint to the NCSE. The Department of Education will collate this information and publish an annual report on the extent of physical restraint in schools.

- Seclusion, which is the placement of a student involuntarily in any environment in which they are alone and physically prevented from leaving, is inappropriate in the school context and should not be used.

The department has said the guidelines are for all schools and have been developed as a resource to support students and staff.

They have been developed to address uncertainty for staff on how they should respond when facing a crisis situation where there are concerns regarding physical safety.

“They focus on creating inclusive environments which can respond to need and build on good practice including prevention and de-escalation,” said the department.

“In particular, guidance is provided for schools on effective approaches to supporting students with behaviours of concern in crisis situations.

Mr Harris said: “These guidelines have been long promised.

“Since our inception over a decade ago, AsIAm has campaigned for the publication of guidelines on the critical issue of seclusion and restraint.

“We are particularly mindful of the pervasive barriers families have faced when seeking to raise concerns about such incidents with school management or state agencies. 

Whilst aspects of the guidelines are welcome, we remain firmly of the view that the guidelines do not meet our three tests that the guidelines are rights-based, child centred, and robust.

“We conveyed this view to the department in our October meeting and specifically expressed our views that the guidelines did not adequately safeguard autistic children.” 

He also said the new guidelines “may in fact conflict with the obligations of the department and [National Council for Special Education]
in terms of the Children First Act”.

Education Minister Norma Foley said: “These important guidelines will aid schools and provide guidance on effective approaches to supporting students with behaviours of concern.

“The guidelines provide an essential reference point for people working with children and young people with complex needs in challenging situations.

“These guidelines have been drawn up following extensive public consultation.

“They have been trialed in a number of special schools over the past year to ensure they provide maximum support for both students and staff when implemented nationally.”

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