Pupils endangered by teachers’ union directive not to open school gates earlier
Education ministry took six months to answer inquiries by Ombudsman.
Children attending public schools are being put at unnecessary risk and peril when transported by bus, because they are alighting the vehicles in busy roads and left to wait outside before school gates open at 8:30am.
In a report, Ombudsman Joseph Said Pullicino said children attending private or church schools alighted from buses within the school precincts and were collected under the supervision of school staff. But the education ministry was not making the same effort for government schools, it emerges from his investigation.
Early in November 2010 a group of parents residing in Manikata whose children attended Mġarr primary submitted a complaint to the Ombudsman against the Directorate for Educational Services, due to a directive from teachers’ union MUT that resulted in the school’s main gate being left closed right up until 8:30am, since no supervision would be available.
This resulted in a situation where childern were arriving at their school at around 7:55am were left unsupervised in the street outside the school gate.
It took the Ministry of Education over six months to respond to the Ombudsman’s correspondence on the investigation.
On its part, the education ministry informed the Ombudsman in June 2011 that school staff are not obliged to report for work before school opening time, and that pick-up times were within the conditions stipulated in the agreement between the Directorate for Educational Services and transport providers.
The ministry was of the view that supervision can only be done by persons who are employed for this purpose, such as retired persons who would be willing to work for a few hours per week.
The Ombudsman said in his report that he was particularly struck by the negative approach of the authorities involved. “While recognising the serious issues involved, they all shirked responsibility for looking after the interests and safety of children and seemed more intent on shifting responsibility onto others.”
The Ombudsman stated that he could not disagree more with the stand by the education authorities that they are not to be held responsible for the safety or security of children before they are admitted to the school grounds.
According to the Ombudsman there is no doubt that once these authorities provide school transport and take over the care and custody of children from the hands of parents onto minibuses detailed by them to transport schoolchildren to school, it is their duty to ensure that these children arrive at school, and within the school, safe and sound and without any risk to their safety. “There is no way in which the education authorities can divest themselves of this responsibility short of suspending the school transport system. “
The Ombudsman also remarked that the decision to refuse to open the school gate before the start of school hours and to close them immediately after closing time, is unreasonable and contrary to the rules of good administration.
“Children in the care and custody of the education authorities during school hours should remain so until handed over to their parents or guardians within a reasonable time. The school authorities have certainly no right to keep children out on the road and, even less, show them out of school onto the road, unattended and unguarded.”
He also criticised the MUT for shirking its responsibilities, and called upon it to seek solutions that provide a safe haven for children.
He said the ministry had made serious attempts to find solutions to this serious problem but progress appeared to be slow and there were indications that the outcome would not be positive since unfortunately financial considerations remain the overriding obstacle.
“Indeed it appeared that the extra costs involved to provide the necessary additional supervision before and after school hours would relate to the refusal by teachers to provide supervision outside school hours and to claims for compensation that would be made by the MUT for added duties beyond those established in the current Collective Agreement.”