Introduction
Every country should create an effective education system because it contributes to the nation’s overall development by promoting children’s and teachers’ physical and mental well-being. However, Ireland’s education system has issues because teachers are frequently exposed to litigation. Some teachers can file a suit because they are refused employment because of their inability, as in Nano Nagle School v. Daly (2018), while others appear before the court because of students’ injuries (Murphy v. County Wexford V.E.C. 2004).
In addition, educators can be subject to litigation if they restrain a pupil. The presented statement demonstrates that teachers are often hesitant to apply disciplinary measures because they fear legal consequences. That is why the Irish education system should draw adequate attention to school restraint and provide precise recommendations for teachers on restraining pupils and avoiding litigation.
Equal Access to Education in Ireland
To begin with, one should stipulate that the Irish education system should be established according to the general requirements highlighted in various legal documents. The Universal Declaration of Human Rights specifies that every person has the right to education (United Nations, 1948). Ireland meets this requirement and draws specific attention to students with disabilities and special educational needs.
The nation issued its Education Act (1998) to ensure that every pupil had adequate access to education. However, Irish schools suffer from a different type of discrimination because children may not be admitted to school based on their origin (Mary Stokes v. Christian Brothers High School Clonmel and Others 2012). The nation’s Department of Education (2019) addressed this problem because the Education (Admission to Schools) Act of 2018 was issued to provide pupils of all origins with adequate access to education. This information demonstrates that Ireland does its best to provide children with equal educational opportunities.
Restraint, Seclusion, and Teacher Responsibilities
The right to education is universal, and it is reasonable to determine what is stated about it in the Irish Constitution. Article 40.4 stipulates that no citizen should be deprived of liberty (Ireland’s Constitution 1937). This statement can equally apply to classrooms where teachers rely on restraint and seclusion as disciplinary means. Many experts and parents are against these procedures because they are believed to violate children’s liberties.
However, one should understand that the freedom of one person ends where that of another person begins. Everyone understands that some children can misbehave, causing problems and inconvenience to other students. This misbehaviour infringes on others’ freedoms, which allows teachers to take appropriate disciplinary actions.
Currently, teachers avoid relying on restraint and seclusion because they are afraid of potential allegations. Irish legislation does not properly define and explain these procedures (Meredith, 2021). That is why teachers’ actions can be lawful or unlawful depending on what the educator did or said and which court hears the case. Thus, teachers tend to refrain from these disciplinary measures to avoid negative consequences for themselves.
This state of affairs can lead to harmful results for the future of the Irish educational system. On the one hand, when teachers do not understand their opportunities, they cannot properly perform their functions, which include teaching students and maintaining discipline in the classroom. On the other hand, pupils feel impunity and permissiveness if their misbehaviour is ignored or inadequately treated. This information justifies why the Irish government needs to define and explain the concepts of restraint and seclusion.
Implementing harsh disciplinary measures is not the only way for teachers to be subject to potential litigation because a few situations can result in this adverse outcome. First, alleged negligence is a widespread cause because this approach is often associated with physical harm. As mentioned in Murphy v. County Wexford V.E.C. (2004), a child can receive a severe injury during an unsupervised lunch. Thus, ignorance and inactivity are not the best strategies for teachers to avoid litigation.
Second, a teacher might appear before the court if they cause certain harm to children. This statement refers to physical or mental impacts that result in negative consequences for pupils. Finally, educators are frequently subject to litigation because of their discriminatory attitudes toward various minorities. It has been discussed above that the Irish educational system ensures adequate access for children with disabilities and special educational needs. Still, some teachers can discriminate against such pupils.
School management should do its best to help teachers avoid litigation. The first essential step is to select and hire experienced and skilled candidates who know how to teach and interact with children. Various training sessions and behaviour management programmes are additionally helpful. These interventions can help minimise litigation cases associated with teachers’ negligence and discrimination.
However, the situation with restraint and seclusion demonstrates that legislation incompleteness is a leading barrier. This means that school management should reach policymakers and draw public attention to the problem. Management should advocate for creating specific guidelines on these corrective measures and how teachers should apply them (Meredith, 2021). An adequate legal response would be to create a comprehensive and positive response that would include a physical intervention as the last part (Casey, 2023). It is reasonable to expect that such an approach can help teachers avoid legal consequences.
Legal Issues and Teacher Practice
In addition, I have encountered a few legal issues that emerge from various aspects of teaching, and I have become aware of them during this course. The most significant aspect is that teachers owe a duty of care to pupils. This statement denotes that educators must take reasonable actions to ensure students do not suffer damage. If this requirement is not met, a teacher can face legal consequences. Furthermore, educators are expected to protect pupils’ personal information from unauthorised access and use. Teachers should keep these details confidential, as their disclosure can be considered a crime and should be punished appropriately.
Another legal issue refers to the importance of maintaining professional boundaries. Teachers are expected to establish and preserve specific student-teacher and communication boundaries. Various types of abuse should be avoided to ensure that teachers do not engage in unlawful relationships with their students, while refraining from verbal assault is another essential goal.
It is worth mentioning that all these legal issues can significantly affect my practice. In addition to following appropriate legislation and teaching standards in providing children with appropriate learning materials and assistance, I need to be aware of these areas of concern. The rationale behind this statement is that specific legal issues can result in fundamental problems for various stakeholders. On the one hand, the selected phenomena or misbehaviours can lead to negative physical and mental consequences for children.
On the other hand, the resulting litigation will become a significant mental and financial burden for me. Furthermore, I can lose my job because of some issues, while particular court decisions are likely to contribute to difficulties in finding new employment. That is why it is necessary to keep abreast of potential legal challenges to be prepared to minimise their impact and avoid associated problems.
Conclusion
In conclusion, the current paper has focused on using restraint and seclusion within the context of Irish education. These disciplinary measures are considered widespread interventions to influence a pupil who engages in unacceptable or aggressive behaviour. However, teachers tend to avoid these measures because they can often result in litigation. This negative outcome is present because the Irish legislation neither offers a specific definition of restraint nor seclusion nor provides educators with clear recommendations on how and when to rely on these disciplinary actions. Parents are likely to file lawsuits in such cases, and courts can find a teacher guilty.
Furthermore, a few other phenomena deserve attention because owing a duty of care, breaching confidentiality, or violating professional boundaries can potentially result in litigation. This information denotes that school management is expected to make reasonable efforts to improve the situation. First, schools should recruit experienced and skilled professionals to teach and cooperate with children according to the stipulated standards and requirements. Second, educational establishments should advocate for the government to develop regulations to help teachers understand how to use restraint and seclusion. Once achieved, this approach will make it easier for educators to maintain discipline in the classroom.
Bibliography
Casey, Jess. 2023. âNew School Guidelines Aim to Eliminate the Use of Seclusion and Physical Restraint.â Irish Examiner. Web.
Department of Education. âMinister Bruton Commences Key Provisions in Education (Admission to Schools) Act, 2018.â Web.
Education Act. 1998. Web.
Irelandâs Constitution. 1937. Web.
Mary Stokes v. Christian Brothers High School Clonmel and Others, IESC 13 (S.C. No. 184 of 2012).
Meredith, Robbie. 2021. âSchool Restraint: Union Concern over Outdated Laws.â BBC. Web.
Murphy v. County Wexford V.E.C., IESC 49 (S.C. No. 410, Appeal No. 410/2004).
Nano Nagle School v. Daly, IESC 63 (S.C. No. 37 of 2018).
United Nations. 1948. âUniversal Declaration of Human Rights.â Web.