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An empty Junior Infants classroom at Gardiner Street Primary School. Sam Boal

Some school children returning and others not 'would be discrimination' - Children's Ombudsman

Schools have been closed since 12 March as part of efforts to stop the spread of Covid-19.

CHILDREN’S OMBUDSMAN DR. Niall Muldoon has said the notion of some children going back to school and others not doing so would amount to discrimination. 

Taoiseach Leo Varadkar said yesterday that the government is planning for a return to school for students in August but that all students may not be able to attend school every day.

Schools have been closed since 12 March as part of efforts to stop the spread of Covid-19 and both the Junior and Leaving Certificate examinations have been cancelled. 

Speaking this afternoon on RTÉ’s Saturday with Cormac Ó hEadhra, Muldoon said that if some students had less access to education it would impinge on their rights. 

“The concept of some students coming back and some not, that would be very anathema to children’s rights,” he said. 

I think we already know that children with special needs, children with inappropriate digital access, who are already disadvantaged. I heard Deputy (Thomas) Byrne talking about online learning not necessarily becoming a norm because we haven’t facilitated, we haven’t paid for it and we haven’t rolled it out properly.

“So I would be worried that children with special needs may not come in often enough over the next period of time after August, but that would be discrimination, that just couldn’t be allowed. I think they probably need to be looked at coming in earlier,” he added. 

0240 No Place Like Home The Ombudsman for Children’s Dr Niall Muldoon. Leah Farrell / RollingNews.ie Leah Farrell / RollingNews.ie / RollingNews.ie

Muldoon also said that, regardless of the exceptional circumstances of Covid-19, children must be treated equally. 

“The restrictions are there but I think when you look at how you ensure equality across the board, you’ve got to try and make sure that everybody is treated equally. But I think the impact of Covid-19 on children with special education needs has been twice as big as it has been for other people,” he said. 

Plan

Labour TD Aodhán Ó Ríordáin has also called on the government to outline a plan about how schools reopen in three month’s time. 

The Dublin Bay North deputy said that he has been contact by school authorities who have said that they are likely to have a smaller allocation of teachers next year. 

“Schools need clarity on what is going to happen in September as soon as possible as if they need to reconfigure classrooms, plan for extra sanitation measures or order PPE, they need as much time as possible but more importantly they will need financial support from government,” he said. 

“There is a real concern amongst school leadership teams that there will be a drop in students returning to schools in September. The Department of Education needs to have the foresight to invest in home school liaison and pastoral care initiatives to ensure that those who need our education system the most, return to school in September.”

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29 Comments
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    Mute Caoimhín O'Cheallacháin
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    May 30th 2020, 4:43 PM

    This is not a one size fits all situation. The world is trying to get itself back to as normal as possible. If certain kids can go back to school safely let them. If it is a thing that some can’t for whatever reason come up with solutions… instead of moaning about it!! Just get on with it. All these bloody whinge bags. I’m sick and tired of it. Life isn’t fair in general. Get on with it.

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    Mute Michael Reilly
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    May 30th 2020, 4:51 PM

    @Caoimhín O’Cheallacháin: well said. This expensive state whinge bag is paid for by me and you.

    141
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    Mute Eileen Downing
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    May 30th 2020, 6:59 PM

    @Caoimhín O’Cheallacháin: why can’t the look at Cambodia or Vietnam and bring half in the morning and half in the afternoon ah silly the teachers won’t agree to that

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    Mute TheHeathen
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    May 30th 2020, 8:13 PM

    @Eileen Downing: You can’t compare us to Vietnam, huge man power, huge contact tracing, a military dictatorship. Also your comment on teachers is uncalled for, any proof teachers have said no to split classes, timetables? I’ll answer for you. No you don’t have proof, you just have issues with teachers. Teachers have said time and again they would do what’s needed. Some schools have already planned for split timetables, without any guidance from the department. So shove your snide cynical remark.

    114
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    Mute Sorcha Ní Shúilleabháin
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    May 30th 2020, 8:16 PM

    @Eileen Downing: You’re right. We should do exactly as Cambodia are doing. So we’ll keep schools closed until November shall we?

    23
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    Mute Lisa Quinn
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    May 30th 2020, 8:27 PM

    @Eileen Downing: this bullshit again ” the teachers” like they are some kind of enemy .like the title of a horror movie…The teachers!!!. Teaching staff give a shit about kids that arent theirs…and then go home and give a shit about their own kids.

    93
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    Mute Caoimhín O'Cheallacháin
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    May 30th 2020, 11:44 PM

    @Eileen Downing: Eileen no disrespect but I’d prefer just to concentrate on Ireland. We have produced highly educated graduates in the last 50 years even before the advent of technology. We can adapt and change and get on with things as Irish people. I have my gripes about technology and my main one is it has prevented people thinking freely for themselves. We nearly need to get permission from Google to do things these days. But that’s another story…. We just need to put our heads down work hard and everything will come out ok the other side. I’m just really tired of living in a society that has no resilience and wants everything handed to them just because it was handed to Johnny up the road!

    20
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    Mute Agenda21
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    May 31st 2020, 3:27 AM

    @Caoimhín O’Cheallacháin do you have kids yourself Caoimhín, I do and I’m very weary of advice from a constant stream of contradicted advise from a bunch of scapegoats giving advise in fairness on c19 but full portfolio in an economic society with the Dr’s safest advice doesn’t work

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    Mute Caoimhín O'Cheallacháin
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    May 31st 2020, 9:21 AM

    @Agenda21: yes I am a parent… We don’t need advice. We need people to make decisions for the best interests of the people. I would be happy personally if we had a leader who was strong enough to make decisions going against possibly the “best advice” of it was explained his reasoning and why. But I feel mob rule wouldn’t allow for that and would offend too many snowflakes

    7
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    Mute a politicians promise is as good as a lie
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    May 30th 2020, 4:53 PM

    According to our constitutuon all children are entitled to an education and all children are to be treated equally

    84
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    Mute Gordon Comstock
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    May 30th 2020, 4:58 PM

    @a politicians promise is as good as a lie: according to our constitution I am free to associate with whomever I choose, travel freely, worship publicly etc. Extraordinary times and emergency measures and all that jazz.

    108
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    Mute Tony Humphreys
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    May 30th 2020, 5:28 PM

    @Gordon Comstock: What worth is the Constitution if you are denied the ability to use it, in court, against laws that clearly break it?

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    Mute Thomas O' Donnell
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    May 30th 2020, 5:31 PM

    @Tony Humphreys: Or if you’re stuck in ICU on a ventilator and aren’t free to go wherever you like?

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    Mute Graham Manning
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    May 30th 2020, 8:49 PM

    @a politicians promise is as good as a lie: that didn’t happen before Covid 19

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    Mute Canyon
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    May 30th 2020, 11:46 PM

    @Tony Humphreys: no rights are absolue, even the right to life can be superceeded by self defense…most clauses end with ‘save n accordance with law’…. eg Article 40(4)(1) No citizen shall be deprived of his personal liberty save in accordance with law. Article 40(5) The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law… Article 40(6) The State guarantees liberty for the exercise of the following rights, subject to public order and morality…(ii) The right of the citizens to assemble peaceably and without arms…Laws, however, may be enacted for the regulation and control in the public interest of the exercise of the foregoing right. etc etc

    9
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    Mute Paul O'Sullivan
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    May 30th 2020, 5:09 PM

    Not discrimination… this is a health and safety issue, ….. If your child is not allowed to attend school for their own Health & Safety and you are a parent that feels your child is being discriminated against then, you would be an I.D.I.O.T

    Any measures will be temporary…

    167
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    Mute a politicians promise is as good as a lie
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    May 30th 2020, 5:23 PM

    @Paul O’Sullivan: 6 months is NOT temporary

    35
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    Mute Fionn Darland
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    May 30th 2020, 5:55 PM

    In a pandemic, good trumps perfection! Try get as many kids back as soon as possible on as equal a basis as possible.

    43
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    Mute Thomas O' Donnell
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    May 30th 2020, 5:34 PM

    Open the schools earlier so. Everyone gets a decent amount of school time while still leaving some room for shutdowns in winter due to second wave/flu season. Safer in summer anyway cos kids can spend more time outdoors.

    29
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    Mute 8-Bit-Relic
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    May 30th 2020, 5:39 PM

    @Thomas O’ Donnell: Would be something but the government doesn’t consider allowing something on a smaller scale yet..
    On another hand… if you are removing the summer holidays you don’t have to open the tourist sector ever again. They depend on people staying in the country and still visiting it. That won’t be possible otherwise.

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    Mute Bríd Uí Mhaoluala
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    May 30th 2020, 8:43 PM

    @Thomas O’ Donnell: You presume that schools have the outside space to do so. The DES went on record today to say that there isn’t any provision for extra funding for PPE or extra cleaning , who pays for it ?

    16
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    Mute 8-Bit-Relic
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    May 30th 2020, 5:24 PM

    If the impact for children with special needs is twice as bad the lads have to come up with some concept until September.

    16
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    Mute Bríd Uí Mhaoluala
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    May 30th 2020, 8:41 PM

    @8-Bit-Relic: July Provision is apparently being considered.

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    Mute Graham Manning
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    May 30th 2020, 8:51 PM

    @Bríd Uí Mhaoluala: but they’ve yet to give a single detail about it. Am sure it’ll be released at 4:55 on a Friday to start the following Monday.

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    Mute Bríd Uí Mhaoluala
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    May 30th 2020, 10:09 PM

    @Graham Manning: 4.55? I’d say 17.55.

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    Mute Mary Griffin
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    May 30th 2020, 10:44 PM

    Such a confusing statement and article. Saying that it is discrimination if some children get to go back and others don’t makes some sense. Then says that some children need to come back earlier? Seems to be two contradictory statements! When the schools are open parents will make their own choices about returning or using their right to teach their own children. It’s not’ discrimination’ if parents choose not to bring them to school.

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    Mute Steven Moens
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    May 31st 2020, 4:33 AM

    In order to protect a child with for example very frail health and susceptibility to complications related to Covid-19 that child is asked to stay away from school a little longer when it reopens than children in more robust health until we have a better handle on the public health situation.

    It may be more complicated and it may take a bit more time to come up with solutions for children who due to circumstances beyond their control need more assistance with dealing with the probably temporary new realities.

    How is that discrimination ? To me it appears to be the simple fact that one solution will not fit all and it will simply take a bit more time to solve more complex needs and associated practicalities. As long as solutions are being worked on and implemented as soon as possible I do not believe there would be a case to argue that this amounts to discrimination.

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    Mute Gary O CONNOR
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    May 30th 2020, 5:09 PM

    Something FFG would sign off on…

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    Mute Duke Zachary V
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    May 31st 2020, 8:17 AM

    Does this mean my kid’s school will be getting hot water and soap in their toilets?

    7
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