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NIHRC response to the consultation on Supporting Newcomer Pupils

The Commission’s response to the Department of Education’s Consultation on Supporting Newcomer Pupils.

Date produced September 2019.

Below is a summary of the recommendations.

You can also download the full document through the links provided.

The Northern Ireland Human Rights Commission (NIHRC) recommends that:

2.7 The revised newcomer policy is founded on human rights standards. The policy should acknowledge that education is both a human right in itself and a means to realising other human rights. The right to education should be clearly referenced throughout the policy, including the principles of availability, accessibility, acceptability and adaptability.

2.10 The policy makes explicit reference to the ‘best interests’ principle.

2.18 The policy specifically references the principle of non-discrimination and promotion of equal opportunities. This should include a commitment to consider all vulnerabilities when addressing non-discrimination and equality, for example, age, gender, race, ethnicity, language, culture and disabilities.

2.19 The Department of Education commences all provisions of the 2016 Act without further delay and the link between bullying and non-discrimination is acknowledged within the newcomer pupils policy. In particular, the NIHRC recommends that the Department of Education monitor levels of bullying in schools across all vulnerable groups and review protected categories within the 2016 Act accordingly.

2.20 The Department of Education liaises with the Department for the Economy to address the underrepresentation of racial and ethnic minorities in higher education and the teaching profession. In addition, the Department of Education should ensure the inclusion of ethnic and racial minorities in the school curriculum. The NIHRC suggests that Scotland’s approach could provide useful learning.

2.27 The policy aims to ensure that special educational needs of newcomer pupils are promptly identified, assessed and effectively addressed and supported.

2.28 Measures are adopted to improve newcomer parents’ understanding of special educational needs and the special educational needs process.

2.36 Disaggregated data on newcomer pupils is collected, monitored, evaluated and published. The findings should inform the development and implementation of special measures targeted at under-achieving newcomer pupils.

2.39 Regarding question 5, safeguards are put in place to ensure that the Common Funding Formula funding is only used to address the educational needs of newcomer pupils. Further, enhanced resources should be allocated to meet additional complex needs where identified.

2.40 A Common Funding Formula reporting mechanism is developed whereby schools report to the Education Authority on how they have spent monies allocated through this fund. This will enable monitoring and an evaluation of the effectiveness of the various interventions.

2.41 The Department of Education makes arrangements to enable schools to disseminate good practice relating to educating newcomer pupils.

2.43 A fourth category of nursery school newcomer children is included, in addition to the proposed three categories.

2.44 Regarding question 6, the policy makes provision for different levels of funding that sufficiently accommodate each child’s assessed needs.

2.45 The Department makes available an additional fund for schools to pilot innovative practices to assist newcomer pupils. This fund would be in additional to the Common Funding Formula and would encourage schools to explore new methods in supporting this group of children.

3.6 The scope of the policy includes a focus on pre-school education. Measures should be developed to increase the participation of newcomer pupils in pre-school, Sure Start and other early childhood programmes as well as to raise parents’ 5 awareness of the value of same. The Scottish approach offers useful learning as do existing initiatives in NI such as Roma children attending Sure Start in South Belfast. Further, the Department should gather and monitor disaggregated data on pre-school enrolments.

3.13 The Department of Education and the Department for the Economy devise joint programmes to ensure that newcomer children are specifically included within any revised NEET policy/initiatives and to ensure that older newcomer pupils have access to vocational training, adult education and the labour market. Initiatives such as the Refugee Council’s ‘New Roots’ specialist employment service could provide useful learning.

3.14 The Department of Education monitors the amount of time it takes for newcomer pupils to start school.

3.17 The policy acknowledges that a newcomer pupil’s home language is an important part of their cultural identity and heritage. The policy should commit to supporting existing and additional programmes by making money available to local council or appropriate funding organisations.

3.22 The policy includes a commitment to develop, effectively implement and sufficiently resource programmes aimed at encouraging and facilitating parents of newcomer pupils’ participation in education. These should include offering English language support and ensuring information (such as the curriculum, academic assessment and special educational needs) is accessible. Such programmes should be developed in consultation with stakeholders including parents and civil society organisations.

3.29 The Department of Education work with the Department of Health to ensure the newcomer pupils policy includes effective provision to assist with identifying, supporting and adequately resourcing the mental health needs of newcomer pupils, in particular those from a refugee background.

3.33 The policy includes a commitment for Free School Meals to be provided to all newcomer pupils that satisfy the means test 6 and all newcomer pupils whose parents are subject to the No Recourse to Public Funds rule.

3.36 The Department of Education and Education Authority ensure that there is sufficient flexibility within the school uniform and school transport policies so that the needs of asylum seeker children can be met throughout the school year, regardless of any school or house moves. Further, as an additional measure to support newcomer children’s school attendance, the Department should consider providing free transport for all newcomer pupils for a specified period e.g. 12 months.

3.40 In order to support the prompt school enrolment and sustained attendance of newcomer pupils, the Department considers applying the good practice of the Syrian Vulnerable Persons Resettlement Scheme and the Education Authority’s Education Welfare Officer initiative more widely.

3.41 The policy includes a commitment to gather, monitor and publish data on school attendance for all newcomer pupils, including the length of time it takes for school enrolments.

3.44 The Department seeks to raise awareness of the EU Settlement Scheme among parents of EU newcomer pupils. Information should be provided in an accessible format including in different languages.