Complaint

A complaint was received from a mother on behalf of her daughter who is diagnosed with Down Syndrome, an intellectual disability and is visually impaired. She raised concerns that under Department of Education and Skills practice her daughter would not be able to complete her two-year Leavers Programme in the special school she was attending on the basis that she had recently turned eighteen. The mother contended that the Department’s procedure was unfair to young people with special needs since if her daughter did not have additional needs, the fact that she had turned 18 would not hinder her from completing her education. She advised that the second year of the programme would assist her daughter in transitioning to a training centre. The professional team in the school was of the view that a removal from the school would have been disruptive to the girl and her mother was also concerned about the lack of transitional support to her daughter, ordinarily covered in the second year of the programme.

Examination

The Office contacted the Department of Education and Skills which advised that education is provided for children in special schools up to the age of 18. However, the Department’s policy is to facilitate the ongoing attendance at a special school for children for a further year following a student’s birthday under certain circumstances. Subject to an application to the Department, schools are permitted to retain pupils over the age of 18 who are pursuing courses leading to accreditation at level 3 or above of the National Qualifications Framework (NQF) for one additional year, where they are progressing to the final year of the course and having started the course prior to their 18th birthday. In this case the parents advised that their daughter had not reached a stage where she is in a position to follow a course leading to level 3 or above of the NQF.

Outcome

Following the Office’s intervention the Department of Education and Skills reviewed an application from the school on behalf of the girl. As a result the Department advised that it had decided to allow her to enrol for the 2011/12 school-year in order to facilitate and complete her transition to adult services. The Office encouraged the Department to ensure that all applications are assessed in a prompt manner and that parents are kept informed in that regard. The Office also noted that while the young person in this instance had reached the age of majority, the decision to allow her to enrol in a two-year programme was made prior to this and therefore the Department were giving appropriate consideration to the young person’s best interest in this instance by allowing her to pursue the second year of her programme.

Posted in: Investigations Education