Introduction
Whilst there is a lot of very good practice in terms of providing supports and accommodations for dyslexic children and young people in school, there are occasions when the quality of what is being provided falls short. This guidance sets out some general advice in terms of making a complaint to or about a school, or an education agency, as well as others such as private tutors and psychologists. (NB Please see separate advice if a complaint relates to child protection, suspensions, school admissions or discrimination.)
Not many of us like to make formal complaints and some parents might worry about the perception of themselves as ‘pushy parents’ or perhaps antagonising a school, and even that it might lead to a school ‘going against’ their child. This is very understandable. The reality though is that it is to be expected there are some occasions when issues arise, and when you might be unhappy with some aspect of how your child is being supported in school. This is especially the case when your child has a learning difference that requires a reasonable level of staff awareness and often significant adjustments and supports.
When making a complaint it is important to be reasonable, constructive and solution-focused approach with the intention at all stages to find a resolution acceptable to all parties at the earliest opportunity, keeping the needs and of your child as a priority at all times. There are usually clearly defined steps set out in most complaints procedures which it is important to follow to ensure that fair processes (e.g. the right to reply) can be observed.
Of course, often there are issues where a friendly chat or phone conversation with someone in the school is sufficient to address the problem. Equally there are other times when it is probably sensible to put something in writing, as this can help keep a record of what was decided and when, and also to assist with holding parties to account if things continue to go wrong. (For example, if you are taking an issue to a third party (e.g. the Ombudsman), a written record (e.g. thread of emails) is often very helpful to allow them to get a sense of what has happened so far, and also provides objective evidence (as opposed to recollected discussions or handwritten notes).
The Department of Education has guidance on making complaints about schools as overseen by the Parents and Learners Unit of the Department of Education, Cornamaddy, Athlone , 090 648 4099 or 090 648 3600.
Please note that under the 1998 Education Act schools are owned by school patrons or trustees and are managed by a Board of Management on their behalf. The Department of Education provides funding and policy direction. The Department of Education does not have legal jurisdiction to investigate individual complaints or to instruct schools to follow a particular course of action.As of Spring 2024 The Department of Education is engaging with all the Education Partners to progress the development of national parental grievance procedures and when finalised will be published on the Department’s webpage.
Complaints are made following the guidance within a school’s formal complaints policy, couched within the legal framework as set out by the Education Act, 1998. The steps in progressing a complaint varies depending on what type of school you child is attending.
Primary Schools
The trade union for Primary School teachers the Irish National Teachers Organisation (INTO) has recently agreed guidance with school management bodies for making parental complaints if a child attends a primary school. These processes were agreed by negotiation with the primary schools management bodies and the most recent guidance replaced the previous guidance issued in 1993.
Firstly, raise the issue with your child’s class teacher with a view to resolving the complaint. You may wish to raise it in conversation or with a phone call.
If this does not lead to the desired outcome you may wish to direct the complaint to the school Principal. Again this is often in the form of a phone call or a meeting, but you may wish to make this complain in writing and ask for a written response.
If this does not lead to the desired outcome you may wish to direct the complaint to the school’s Board of Management. This is mostly commonly done by writing to the Chairperson of the Board of Management and you should expect a written response.
Post Primary Schools (Non-ETB Schools)
The relevant guidance is in Appendix 2 of this guidance.
In the first instance we would suggest that you raise it with the subject teacher or the teacher who acts as the year head for your young person. You may wish to raise it in conversation or with a phone call. Alternatively you wish to make a complaint in writing and ask for a written response.
If this does not lead to the desired outcome you may wish to direct the complaint to the school Principal. Again this is often in the form of a phone call or a meeting, but you may wish to make this complain in writing and ask for a written response.
If this does not lead to the desired outcome you may wish to direct the complaint to the school’s Board of Management. This is mostly commonly done by writing to the Chairperson of the Board of Management and you should expect a written response.
Post Primary Schools (ETB Schools)
The national Code of Practice for Dealing with Complaints made by parents (or a student aged 18 or above, about school managed by an Education and Training Board (ETB) was introduced on 1 March 2011. The Code was revised in line with the enactment of the Education and Training Boards’ Act (2013).
In Education and Training Board (ETB) schools, the ETB is the employer. The school principal manages the school on a day-to-day basis.
Firstly we would suggest that you raise it with the teacher who is year head for your young person. You may wish to raise it in conversation or with a phone call. Alternatively you wish to make a complaint in writing and ask for a written response.
If this does not lead to the desired outcome you may wish to direct the complaint to the school Principal. Again this is often in the form of a phone call or a meeting, but you may wish to make this complain in writing and ask for a written response.
If this does not lead to the desired outcome you may wish to direct the complaint to the relevant Education and Training Board of your area. This is mostly commonly done in writing to and you should expect a written response.
Making a Complaint About Psychologists
Under the Health and Social Care Professionals Act 2005, there is a requirement for psychologists delivering a service to the public to be regulated. CORU is the body charged with undertaking this task but to date the registration of psychologists has not been achieved. When CORU does commence the formal regulation of psychologists, a formal complaint can be lodged with them. The Psychological Society of Ireland is the professional body for psychologists but as per their FAQs you cannot make a complaint to them.
The National Educational Psychological Service is part of the Department of Education. Following a staged approach a complaint might best be directed to the individual psychologist in the first instance. If a resolution is not achieved it could then be escalated via line-management routes – this is arranged on a regional basis. The Director of the Service has overall national responsibility for the delivery of this Service. There is also advice on how to make a complaint about a public service provider provided by the Ombudsman.
If you are unhappy with the service you received from a private psychologist you might be directed to a formal complains policy that sets out the steps involved – this would be more common in a larger clinic/organisation. If you have privately accessed an individual practitioner or smaller clinic, they may not have such a formal policy but you would still have the right to complain as per the standard legal frameworks (see below).
Making a Complaint About Private Tutors
If you are unhappy with the service you received from a private tutor you have the right to complain. Guidance about your consumer rights and small claims procedure can be accessed at the Competition and Consumer Protection Commission who can also be contacted on 01 402 5555 or ask@ccpc.ie.
Making a Complaint About Education Agencies
The National Council for Special Education (NCSE) has a role to improve the delivery of education services to persons with additional educational needs including dyslexia. The Council is an independent statutory body and is an agency of the Department of Education and each recognised school in the country has access to a range of its staff (e.g. SENOs, visiting teachers etc) and services. It has its own complaints procedure.
The State Examinations Commission (SEC) is the relevant agency in terms of exam accommodations for State Exams (e.g. Junior Cycle or Leaving Certificate). It has a Customer Charter, which pertains to service users including examination candidates and their parents/guardians and also has a complaints procedure including the option to contact the Customer Service Manager, State Examinations Commission, Cornamaddy, Athlone, Co. Westmeath N37 TP65, 090 644 2832, customerservice.manager@examinations.ie
Section 8.3 (Complex cases and difficult decisions) of the RACE Instructions for Schools (current version 2024) also advises in detail on the multi-stage process to follow if there is disagreement about the accommodations that are to be provided. If the decision is still not resolved there is also access to an Independent Appeals Committee (See Section 11 of the above). Following the completion of an appeal, any candidate, parent/guardian who considers that their case has not been processed correctly, can make a complaint to the Ombudsman (if they are over 18) or to the Ombudsman for Children (if they are under 18).
Ombudsman
If a parent/guardian has fully followed an individual school’s formal complaints procedure and still are not satisfied with the outcome, the issue can be raised with the Ombudsman for Children in line with the Ombudsman for Children Act 2002. The Ombudsman for Children can investigate complaints relating to the actions of a school provided the complainant has exhausted the school’s own complaints procedures. The key criterion for any intervention by the Ombudsman for Children is that the action complained of has or may have adversely affected the child. In the case of students aged 18 years od older, you should contact the Office of the Ombudsman.