The complaint

K has an acquired brain injury resulting from an accident. An application for exemption for K from the study of a subject was made to the Department of Education and Science. The criteria for exemption are set out in Circular M10/94. The Department of Education and Science Inspectorate determined that K did not meet the criteria for an exemption as set out in Circular M10/94 and the request was turned down. An appeal of the decision to the Department of Education Inspectorate upheld this decision.

Investigation

In considering this complaint the Ombudsman for Children is obliged to have regard to the best interests of the child concerned. She is obliged to consider whether the child has or may have been adversely affected by the action and whether the action was contrary to fair or sound administration. During the examination of the case it emerged that the Department of Education had strictly adhered to the guidance offered by Circular M10/94.However there was clear evidence, supported by the child’s parents and by medical and other professionals that the study of this subject was causing the child considerable distress.

Findings

The Ombudsman for Children upheld the view that the child had been adversely affected by the decision not to exempt her from this subject. However she concluded that the Department of Education and Science had adhered to criteria for exemption and did not find any evidence of maladministration on the part of Department of Education and Science. This then left the question of whether the circular itself was flawed or needed review given that there was no apparent maladministration and yet a child was clearly adversely affected by the action.

Recommendations

– That the Department of Education and Science reconsider K’s case.

– That the Department of Education and Science explored, perhaps in conjunction with medical experts, whether the criteria in the circular needed to be widened to include children like this child with an acquired brain injury.

Response

– The Department of Education and Science reviewed the case and K was awarded an exemption.

– The Department of Education and Science stated that the widening of this circular Would be considered in a root and branch review of the criteria for subject exemptions which is currently in progress.

Posted in: Investigations Education