Paul Givan
Lagan Valley · Democratic Unionist Party · Northern Ireland
“The EA's enhanced support model has been out for consultation. The Member's party is the largest political grouping on the Education Authority, so his party supported the model's being consulted on.”
“Protections around strike action and action short of strike are firmly established in statute for all workers, including teachers. If the Member is referring to the Education Inspections Bill, let me be clear: nothing in that legislation removes or undermines that right.”
“The issue was covered at length at the Education Committee. The position is still not where it ought to be. When I came into office, the position that I inherited was much worse than it is today.”
“It is an area that I have had to navigate, as have many previous Education Ministers. Industrial relations is an area that needs ongoing work. I have outlined how we can address it, but I come back to saying that, when workload was undefined, trade unions struggled to specify the challenge.”
“That is not a fair characterisation. In fact, I was with Justin McCamphill, the leader of NASUWT, at the launch of the curriculum reform, at which he commended me for it and said that he thought that it was good. I have sat in many a meeting with trade union representatives during which they have said, "This is a good initiative.”
“That is exactly why there is a 16-week consultation period, rather than the normal 12 weeks or the minimum eight weeks; to allow the public and teaching profession to very much engage in that curriculum, which I commend to all Members.”
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“— from across the Chamber to play a part in helping to address the issues.”
“It is not necessarily a case of reluctant principals not wanting to take a child because there is lack of support; some do not even respond. In your constituencies and on your boards of governors, encourage schools to engage so that we can give them the support that they need. There has to be a system-wide approach. We need our schools, the Education Authority, the Department and political representatives —”
“I can tell the House that the latest information that I have is that there is now a pressure of 103 places for September, which is down from 164 just a week ago. I thank the EA and the school principals who have stepped forward and established specialist provision in their schools. <BR /> <BR />The Education Authority continues to engage with schools and to fully and systematically explore all viable options for providing placements. My Department will continue to work closely with the EA and provide support in managing the situation. I have asked to be kept updated, and I will continue to update the House. I appeal to Members to help me to encourage schools. Some schools are not even returning a call.”
“However, that is not enough to meet the pressures that we face, and the growing demand and complexity of need means that there remains a critical shortage of specialist provision places for September 2025. <BR /> <BR />Earlier this month, I took the unprecedented step of personally writing to 58 schools in high-pressure areas, asking for their help to secure the right support in the right place for children with statements of SEN who still do not have a place for September 2025. Last week, the EA further wrote to 34 of those schools, again requesting that they consider offering specialist provision. I know the challenges, but I personally ask each of those schools to engage with the EA to look at the practicality of supporting our children who need a placement for September.”
“Thank you. I will give the update. Ensuring that all children with a statement of special educational needs have a school placement that is appropriate to meet their needs is and will continue to be a primary focus for my Department and the EA. <BR /> <BR />Since 2021, 595 specialist provision classes in 229 schools have been established, but the system has still struggled to keep pace with the rising demand. In recent years the EA has created over 5,000 additional places, including 1,450 additional places for September 2024. In preparation for this September, the EA has already created more than 150 additional classes for approximately 1,350 pupils across 123 schools.”
“Mr Baker, if you could contain yourself so that I can give you the update —”
“I have three minutes to give an update on the issue, and I am not going to give way.”
“I look forward to continued engagement with all stakeholders as we continue to create an education system in which every child is safe, respected and given the opportunity to flourish. <BR /> <BR />By your leave, Madam Principal Deputy Speaker, I will take the opportunity to address the issue of school placements for children with a statement of —”
“We owe it to our educators to provide legal clarity and to our children to uphold their dignity, rights and safety. Those aims are not in conflict; they are mutually reinforcing. My Department is working to deliver guidance that reflects both. <BR /> <BR />I am committed to having an education system that protects, values and supports every child; one in which no child is made to feel unsafe or is hurt by the misuse of restrictive practices and in which staff have their professional judgement respected and reinforced by appropriate and practical guidance from my Department that empowers them to act with confidence and compassion in the best interests of all those in their care.”
“That is why statutory guidance that we are developing will define how and when reasonable force can be used, emphasising de-escalation, trauma-informed practice and human rights protections. It will place the child's best interests at its core. <BR /> <BR />It is my firm view that guidance must come first and be developed in consultation with those who will implement it and underpinned by the best interests of children and young people. Once that has been agreed, I can make an informed judgement about the future of article 4(1)(c), ensuring that any changes to legislation are responsible, legally sound and rooted in the realities of school life and ensure that our practitioners feel empowered and trusted to carry out their important work.”
“<BR /> <BR />I do not have the power to repeal article 4(1)(c). That will be a matter for the Assembly. In considering whether to bring any such proposals to the Executive, I will have to balance the calls for repeal with the fact that repealing the provision could create a reluctance among our dedicated education workforce to intervene physically when necessary. That would not serve our children, our staff or the wider school community. My focus now is on ensuring that my Department provides operational guidance to schools that any physical intervention is the least restrictive necessary in the circumstances and that physical interventions are recorded and reported where it is appropriate and proportionate.”
“<BR /> <BR />It cannot be presented solely through one perspective when I, as Minister, hear from teaching unions and other representative people whom I have met when I have been in schools and they articulate to me a real concern about these issues. Let me be clear: any education staff who are raising concerns or urging caution about the repeal of article 4(1)(c) are not doing so because they want to retain the ability to use reasonable force against children and young people in order to cause them hurt and distress; rather, their concerns stem from the fact that repealing the provision in isolation could unintentionally remove the legal foundation on which school staff operate when dealing with situations where, according to their professional judgement, they feel that there is a necessity to use reasonable force.”
“I agree with the Member about the recording and reporting of those issues. That is why we need to address the gaps that exist. I am trying to articulate the issue of having to have some form of intervention that may be necessary. I do not think that anybody here has articulated the view that, if a child or young person is engaging in physical harm to themselves or to others or to a staff member, we should stand back and allow that to happen. I do not think that anybody has articulated that. Therefore, there needs to be provision so that there is clear guidance and legislative protection in place for the teaching staff.”
“I will give way. I want to make progress, because I agreed to provide information on the SEN placement issues as well.”
“I do not have them here, but I know that it is the exception. It is not the norm.”
“Our schools are safe schools. I accept, though, that there are issues and that there have been misuses of the provision. However, the provision in article 4(1)(c) aligns with the legal position in England and Wales, where schools operate under section 93 of the Education and Inspections Act 2006, which provides staff with similar powers to use reasonable force for:”
“<BR /> <BR />Article 4(1)(c) allows for the use of reasonable force to maintain discipline and good order in schools, which I referenced. I felt that Mr Carroll represented it in the wrong way. An intervention has to be relevant to the particular context. It must be the exception. It must be the least restrictive means of intervention at the appropriate time to protect people from and prevent harm. The way that some have presented it almost suggests that it is a regular occurrence. It is not a regular occurrence. Those are exceptions. It is not the norm.”
“The Member articulated parents' views, and everybody gave those views. However, I think that the Member was the only one who did not mention teachers and classroom assistants. This is, as I said, a hugely difficult situation to deal with. Does the Member really suggest, given that I have listened to principals talk to me about teaching staff who have broken arms because they had to deal with very difficult situations, that there should not be provision to have a physical intervention that would prevent further harm being caused to the child involved, other children and teaching staff? It cannot be presented solely in the way in which the Member presented it without making reference to the wider issues. The Member did not make reference to the wider complexities of the issue.”
“Absolutely wrong. I am happy to give way.”
“to maintain "good order and discipline". I want to be clear, however, that that provision does not permit corporal punishment. Corporal punishment is illegal. It was abolished in 1987, and that was fully extended to all schools in 2003. That will not change. Ms Hunter referred to that provision as:”
“<BR /> <BR />I am acutely aware of the calls to repeal article 4(1)(c) of the Education (Northern Ireland) Order 1998, which provides that a member of staff:”
“The guidance that we are developing is intended to address the current gap and to provide clarity and assurance to all who are involved. <BR /> <BR />I also recognise the emotional and psychological impact that restrictive practices can have on the child and the staff who are involved. They are not neutral interventions; they can leave lasting trauma and must never be used thoughtlessly or carelessly or as routine behaviour management. Instead, our approach must be trauma-informed, person-centred and rooted in compassion and understanding. Physical interventions should be the least restrictive intervention necessary. Staff must be empowered to use their professional skills and expertise to recognise distress and de-escalate situations before they reach the point where physical intervention becomes necessary.”
“I have asked my officials to work closely with a broad range of stakeholders to ensure that that guidance is clear, robust, rights-based, fit for purpose and deliverable in our schools. The principle of acting in the best interests of the child has underpinned the work to develop that guidance. The guidance will support staff in keeping children safe while enabling them to access the curriculum and benefit fully from their educational experience. It is intended that it will outline when restrictive practices may and may not be used, what must be reported and what should be reported to parents and carers. Above all, the guidance will be grounded in the principles of safety, dignity and respect for the rights of all those who are in our education settings. I recognise the long-standing calls for clear, consistent guidance in this area.”
“Ensuring that our schools are safe, nurturing spaces is essential to achieving that goal. <BR /> <BR />I acknowledge the efforts of parents who shared their lived experiences of children and families being negatively affected by the misuse of restrictive practices. I also acknowledge the ongoing efforts of the educationalists who have generously shared their time and expertise with my officials to inform the development of the guidance and the efforts of the Department of Health and our wider stakeholders, who contribute positively and constructively to the process of establishing meaningful and consistent guidance in that area. <BR /> <BR />To that end, I confirm that it remains my intention to publish statutory guidance on the use of restraint and seclusion in education settings.”
“Thank you, Madam Principal Deputy Speaker. I welcome the opportunity to respond to the motion, which, rightly, brings the issue of the use of restrictive practices in educational settings into sharp focus. <BR /> <BR />The motion asks us to address a deeply sensitive but complex matter, which touches on the rights, dignity and welfare of our children and young people while acknowledging the challenging environments in which our dedicated educators operate. They often go above and beyond in the face of those challenges in order to support our children and young people to thrive, learn and succeed. At the heart of our education system is the fundamental aim of enabling every child and young person to realise their full potential, develop knowledge and prepare for life beyond the classroom.”
“The intercultural education service is one area with which we have been engaging, but there are also emotional well-being services to consider. We will engage with the principals of some of the schools that have been impacted on, and if support is needed in those two areas or, indeed, in others, we will make sure that it is provided to them. We have not quantified what that support may be. At this stage, we are engaging with the schools. There are only a couple of weeks left in this academic year, and, following the conversations that we have been having, it has been flagged up that that support will be available in September when the schools return after the summer break. Where support needs to be provided, I will respond to the Education Authority positively to make sure that we can support people who are in that situation.”
“There is a recording of absenteeism that occurred as a result of what happened last week. I have the precise figures for the schools in the Ballymena area. For example, 84 newcomer children in Harryville Primary School have not been at school. The figures for St Patrick’s College show that attendance levels are sitting at around 65%. We therefore have that information. It will drive the interventions that we feel are necessary in order to provide support to those schools. We have that information about not only Ballymena but other areas. We will certainly use it to inform the approaches that need to be taken to provide support to schools.”
“We need to do more, however. I am not content with what we have achieved, but it is a good start. There is much more that we need to do to support our hard-working families, however.”
“Currently, the majority of children get part-time places of 12·5 funded hours a week, compared with full-time places of 22·5 funded hours a week. From this September, we will have equalised that, so there will be a 50:50 split. The Executive have now agreed to bring 100 more settings into scope for September next year. A majority of children will therefore be in full-time places then, but I want every child to have a full-time nursery place, because that has a real impact on children's education outcomes. <BR /> <BR />People talk in theory about early intervention, but we often do not put it into practice. We are now doing so. Full-time nursery places also enable families to take decisions about re-entering the workforce, and, financially speaking, that is when the highest pressure points in cost start to reduce.”
“The impact is already being felt. I have heard that directly from parents who have expressed their appreciation at the fact that the scheme is available, but we have much more work to take forward on it. People had called for a comprehensive early learning and childcare strategy. We are rightly taking one forward. I will present a comprehensive strategy to the Executive in the autumn. <BR /> <BR />We also felt that it was necessary to take immediate action, given the urgency around the issue. That is why we stood up the childcare scheme and intervened to support programmes such as Sure Start. We are also implementing the standardisation approach in preschool settings so that all children get a full-time nursery place.”
“The support that we are providing enables people, particularly mothers, to take decisions on increasing their hours or on returning to the workforce, if they wish to do so.”
“We have been able to take forward the childcare subsidy scheme. The 15% subsidy, which links with the UK tax-free allowance, has drawn in around £18 million since we started the scheme. It has reached 16,000 children. That is how many have been registered. We have been able to expand the scheme because of the funding that we were able to secure as part of the Executive Budget process. The Executive endorsed the paper, and the subsidy scheme will now be available to all school-age children up to the age of 11. That is a 60% increase in who, we believe, will be eligible. It should take us up to around 24,000 children who will be able to qualify. I encourage people to avail themselves of the support, because it has a real and meaningful impact on meeting childcare costs.”
“Other, conventional programmes are not moving at the same pace because of the increased demand. I assure the Member that this is the priority for me, my permanent secretary and the chief executive of the Education Authority as we seek to meet the needs that are being presented.”
“I agree with the Chair of the Committee, Mr Mathison, on the issue. We have provided hundreds of additional places, but that does not diminish the fact that, as we stand here, there are still several hundred children without a place who need to be provided with one. We were able to do this last year: the system responded, and I thank the schools that engaged with my Department and indicated a willingness to provide places. We will invest upwards of £70 million this year on top of the £50 million that was spent last year to meet the needs. <BR /> <BR />Special education provision is the first priority for a capital call in my Department. It is the first priority for all the teams in the EA in taking forward the relevant procurement business cases and feasibility studies.”
“I have engaged with those schools to encourage them — a system-wide level intervention is needed, and I need schools to work with me — and reassure them that, when they open their schools for additional capacity, support will be provided.”
“Where we have identified a particular need, I have personally engaged with schools. About 300 children, we believe — the figure changes as we bring more settings online — need provision in September. When I spoke in the Assembly on the issue this time last year, about 450 children needed placements. We set about a programme of capital works for specialist provision and have stood up a significant number of classes across the school estate, but more work is needed to meet the current need for September, and the Education Authority has been working with my Department to identify the areas and schools that require support.”
“When Mr McNulty raised the issue with me, my officials engaged with the Education Authority, and, absolutely, I am sympathetic to the position of Tiny Tots. However, the Department of Education does not provide financial support in that situation. The Education Authority is there to provide assistance, and I encourage the group to engage with it on that issue.”
“When Mr McNulty addressed the issue at Question Time, I said that the Department of Education did not have statutory responsibility for provision in that kind of situation. Where there are financial difficulties in preschool settings, the Education Authority can avail itself of emergency funds. I very much encourage the providers in that setting to engage with the Education Authority, which has responsibility for providing support.”
“They have to be supported and protected. That has not been the case over the past week, and that is wrong. I absolutely condemn what has happened in respect of these issues. <BR /> <BR />I will do all that I can to support those in our school environments who need support. Some of these young people have fled a war-torn area. My family provided support to a Ukrainian family with three children, who were housed in my parents' home and went to school in Lurgan. Both of the schools that they went to went out of their way to make them feel welcome. They regard Northern Ireland as their home, they will be here for many years to come, and they should be welcome in Northern Ireland.”
“As I have gone round schools — controlled schools, Catholic maintained schools, integrated schools — I have been hugely impressed to see the many newcomers in school settings and the work that the school leaders and teachers do to ensure that there is an inclusive environment in which diversity is respected and, indeed, celebrated. Often, our schools have been the safe haven in their communities when there have been challenges outside the school walls. I have found what has happened in a number of those schools to be particularly alarming. That is why there needs to be support. My team have engaged on that at senior levels. <BR /> <BR />I take a simple view. There is a time and a place to debate immigration policy, but someone who is in Northern Ireland, particularly a child, whatever their background, has to be treated with respect.”
“Last week, at a number of schools, including Harryville and St Patrick's Primary Schools in Ballymena, attendance has been less than half of the school. That is a clear problem, complicated by the fact that we are dealing with children in both schools who were engaged in the trouble and children in both schools who were the victims of it. It requires a concerted effort. I assure the Member that my team and I are very much engaged in trying to provide that support.”
“I absolutely share the sentiments expressed by the Member. It is outrageous that, over the past week, we have been dealing with children who have come into school traumatised, showing all the signs of trauma as a result of what has happened on our streets. Alarmingly, we have also been dealing with children who engaged in the rioting and attacked the houses of children who are in their class. It is an appalling and complicated situation that requires intervention. My team has engaged with a number of schools as a result of the picture that we have had to deal with. We have engaged the Education Authority's emotional health and well-being unit and its intercultural education service to try to provide support for those schools. <BR /> <BR />I will give an example.”
“The time that it takes for assessments to be carried out is unacceptably long. That is why we have invested in getting more people into the workforce through the doctorate scheme for which we have provided support. That is also why I made an application to the transformation programme around SEN reform and a delivery plan. We secured just over £27 million to take that forward. That will allow us to stand up more support in the form of educational psychologists to meet current demand and to set up local impact teams. That is all designed to improve the current performance, which is inadequate. It is young people who suffer because of that. It will take some time before we see the benefits of the investment that we are putting in.”
“My Department has invested in the educational psychology work force and is currently funding 40 places on the doctorate in educational child and adolescent psychology course at Queen's University Belfast. Fourteen of those students will graduate this year and join the staffing complement in the Education Authority's educational psychology service. In addition, the Education Authority has removed educational psychology service gatekeeping for access to support services, which will allow more time for psychologists to complete statutory work, capacity building and early intervention.”
“I share the frustration that the Member has highlighted. A setting in my constituency — the former Ravarnette Primary School site — is one of the 10 schools that are listed for disposal in the 2026-27 year. It has taken many years to get to the point at which it will be available for disposal. In the meantime, it has become an eyesore in the community. That is replicated in many other areas across Northern Ireland. The process for identifying an educational purpose or another public-sector purpose needs to be improved, and, following that, you need to be able to move to disposal and allow the private market to acquire those sites so that they can be used for another purpose.”
“Part of the reason why few former school sites become available for disposal is the increasing need for special educational needs facilities and the potential to repurpose some of those vacant buildings to fulfil that requirement. I certainly share the Member's sentiment.”
“I absolutely believe that, where there is no longer an educational purpose, which is the starting point for any surplus buildings, they should be disposed of. That process includes, before putting such sites on the open private market, highlighting their availability to other Departments. If there were a need for social housing, for example, we would ask the Department for Communities whether it wishes to avail itself of such sites. After that process, you make them open to the private market. <BR /> <BR />It is not in anybody's interests for the state to continue to retain ownership of buildings that are surplus to requirement.”
“My Department does not own any surplus sites, but the Education Authority owns 10 sites that have been declared surplus to requirement. They are planned for disposal within this financial year and the 2026-27 financial year.”
“I do not believe that those who advocate for equality and fairness in our education system would be opposed to addressing that inequality. It could create the opportunity for more consistency. Were the Catholic maintained sector, the grant-maintained integrated sector and the controlled sector all willing to create a single managing authority, I would certainly support that. However, we cannot leave behind one particular sector with a current inequality in pursuit of a single authority. Let us address that inequality and then move to the next phase, which is a single managing authority. Although that would have my support, all the stakeholders in education from all sectors would be required to support a single managing authority for all schools.”
“That is certainly something that I would be supportive of, but the starting point has to be addressing the inequality that exists. There is not equity for controlled schools; it is suboptimal. Those are not my words; they are the words of the independent review of education, which was informed by principals in controlled schools. Those who engage with the controlled sector will know that its schools do not receive the support that they should receive, because the EA is there to provide services to all schools but has a unique function to be the managing authority for controlled schools. That has been diluted and not given the requirement and support that it has needed. That is why controlled schools have been left behind.”