Дело о правах студентов с инвалидностью закрыто после обещаний правительства улучшить планирование и консультации

Two investigations which were being conducted by the Commissioner for Education, Chief Justice Emeritus Vincent A. De Gaetano, concerning matters affecting students with disabilities have been closed following developments during the investigations and commitments made by the Permanent Secretary of the Ministry for Education and Sports. Although the two cases arose from different circumstances, both revealed two common systemic issues, a statemen issued by the Office of the Ombudsman said Friday. These are the need for more structured consultation between the education authorities, the Commission for the Rights of Persons with Disability (CRPD) and the Malta Federation of Organisations Persons with Disability (MFOPD); and the need for better forward planning on matters affecting students with disabilities. Wardija School and post compulsory education The first investigation followed a complaint by the mother of a 15-year-old student attending Guardian Angel Secondary School. She sought clarification about her son's transition to the Dun Manwel Attard School in Wardija but was initially informed that the available option was the privately operated Life Map programme. The investigation found considerable concern among parents and disability organisations about the future of Wardija School and the choices available to students requiring specialised post compulsory education. In the course of the investigation, the education authorities confirmed that Wardija School would continue operating and that intake would resume. The Commissioner also examined the procedures of the Board of Admissions and raised concerns about the absence of direct parental participation, the lack of publicly available admission criteria and procedures, and the absence of an effective internal appeals process. Following the Commissioner's recommendations, the Ministry confirmed that admission criteria and available places would be made public, parents would be invited to participate in Board of Admissions meetings, and an appeals mechanism would be established. The investigation was subsequently reopened after further information indicated that only four new applications to Wardija had been accepted. Eventually, all students whose parents had applied to have them attend Wardija School for the coming scholastic year were accepted. Core Curriculum Programme The second case was an Own Initiative investigation concerning students attending the Core Curriculum Programme in State schools. The investigation followed concerns raised by MFOPD after a number of CCP students were required to remain at home during the examination period rather than continue attending school until the end of the scholastic year. The Commissioner found that the situation arose from a disputed interpretation of the applicable collective agreement. By requiring these students to remain at home during examinations, they were being removed from their normal school environment and from the support of their Learning Support Educators, while also placing additional pressure on their families. A temporary alternative programme was quickly hammered out by the education authorities and the same private institution offering the Life Map programme. However, the investigation highlighted the need for a more sustainable solution and greater forward planning to avoid the recurrence of similar situations. Stakeholders meet at the Office of the Ombudsman To address the systemic issues emerging from both investigations, a meeting was convened at the Office of the Ombudsman on 30 July 2026. The meeting was attended by Parliamentary Ombudsman Judge Joseph Zammit McKeon; the Commissioner for Education, Chief Justice Emeritus Vincent A. De Gaetano; the Commissioner for the Rights of Persons with Disability, Rhoda Garland; the Permanent Secretary at the Ministry for Education and Sports Matthew Vella; and the MFOPD President, Marthese Mugliette. The Commissioner for Education explained that both investigations pointed towards the same underlying issues: i.                 insufficient structured consultation; and ii.                the need for stronger forward planning. He stressed that the Office of the Ombudsman is an institution of last resort and that better communication and engagement by public authorities can help resolve problems before persons are required to seek external redress. The Parliamentary Ombudsman acknowledged the complexity of the responsibilities faced by the education authorities but stressed that matters affecting vulnerable persons require particular sensitivity. Where persons do not find adequate engagement or reassurance from the public administration, they have to turn to independent oversight institutions. He also emphasised that policies affecting students with disabilities should be guided by their special needs and best interests rather than by a one size fits all approach. MFOPD President highlighted the need for consultation to be meaningful, continuous and structured, together with greater transparency in decisions affecting persons with disabilities. The Commissioner for the Rights of Persons with Disability stressed the importance of long-term planning and referred to the number of concerns raised by parents of students attending the Core Curriculum Programme. She also underlined the need to ensure that decisions and agreements affecting students with disabilities are implemented with their interests at the centre. Ministry commits to a more structured approach The Permanent Secretary confirmed the Ministry's commitment to strengthening consultation with stakeholders and improving forward planning. He stated that communication and engagement would become more structured and that the Ministry would work towards a change in organisational culture in this regard. The Ministry also committed itself to reviewing the procedures governing the Core Curriculum Programme through a more holistic approach, with MFOPD to be consulted throughout the process. For the longer term, the Permanent Secretary confirmed that instructions had been issued for a series of consultation meetings as part of the preparation of a new national strategy on inclusion. Cases resolved The Commissioner for Education welcomed the constructive outcome of the meeting and the commitments made by the Ministry, particularly on structured consultation with CRPD and MFOPD and improved forward planning on matters affecting students with disabilities. In view of the developments during the investigations and the assurances provided at the meeting, both cases were closed as requiring no further investigation. More details on the two investigations are available in the attached Letter of Closure which is being published in the public interest pursuant to the provisions of Article 29(2) of the Ombudsman Act.