2 February 2023
A Robinson
[FYI request #21141 email]
Tēnā koe A Robinson,
OIA: 1300403 – Information on the Learning Support Dispute Resolution Process (DRP)
Thank you for your email of 17 November 2022 and subsequent clarification on 9 December 2022
to the Ministry of Education (the Ministry) requesting the following information:
1. I am happy to receive key memorandum and advice that is readily retrievable or held centrally.
2. Can I also please have a copy of circulars that were made to the stakeholders providing
information and advice re the dispute resolution process? For instance, did a circular go to
relevant regional head offices, and schools.
3. Please also provide the list of all stakeholders (the consultation group) involved in the dispute
resolution process? [Some were listed on the website but did not appear to be a complete list]
4. Can I also have a copy of all communication with the Minister of Education or his
representative, in regards to the service?
Your request has been considered under the Official Information Act 1982 (the Act).
We have identified nine documents in scope of the
part one your request, which I am providing in
the attached
Appendix A. My decision as to the release of these documents is outlined below in
the
Appendix A Document Table.
Some information has been withheld under section 9(2)(a) of the Act, to protect the privacy of
natural persons. Per section 9(1) of the Act, we have considered the public interest favouring
release of the information and concluded that it does not outweigh the need to withhold it.
As noted in our clarification email, the dispute resolution process pilot (DRP) added independent
mediation as another option for support when a dispute arose between parents and schools.
This arrangement was available through a time-limited Memorandum of Understanding with the
Ministry for Business, Innovation, and Employment (MBIE). These are provided as Documents
One, Two, and Three.
8 Gilmer Terrace, Levels Ground floor, 1, 2, and 6-14, Wellington
PO Box 1666, Wellington 6140 Phone: +64 4 463 8000
We worked in partnership with the New Zealand School Trustees Association (NZSTA), and with
advice and guidance from the Government Centre for Dispute Resolution to establish the pilot.
Input was also provided by the New Zealand Principals’ Federation (NZPF), the Secondary
Principals’ Association of New Zealand (SPANZ) and other specialist interest groups.
The pilot was resourced from May 2018 until June 2019, as very few requests for formal dispute
resolution were received. Only two cases advanced to the formal mediation stages. In other
examples where the option of using the pilot programme was requested, parents decided to take
other pathways, such as changing schools and/or withdrawing from the process.
Funding was time-limited to June 2019 for the MBIE-supplied mediators.
A review of the DRP was not carried out, because only two cases went to mediation. This did not
allow sufficient data and information, including participant feedback, to be able to identify the pilot’s
strengths, weaknesses, and potential areas for improvement.
Information that was previously online regarding the Dispute Resolution Process was removed, as
it was out of date.
In relation to the
part two of your request, we have identified seven documents, which I am
providing in the attached
Appendix B. My decision as to the release of these documents is
outlined below in the
Appendix B Document Table. This includes six information sheets
regarding the Disputes Resolution Process. Document Seven is a copy of the Confluence page (an
internal management system) from September 2019, which is no longer live.
Some information has been withheld under section 9(2)(a) of the Act, to protect the privacy of
natural persons. Per section 9(1) of the Act, we have considered the public interest favouring
release of the information and concluded that it does not outweigh the need to withhold it.
In relation to the
part three of your request, the Ministry worked in partnership with NZSTA to
develop the DRP, with advice and guidance from the Government Centre for Dispute Resolution
(GCDR) based within MBIE. A wide consultation process was carried out with disabled people’s
organisations, parent support groups, principals’ associations and teacher unions. A working group
with representatives from NZSTA, NZPF, SPANZ, Parent to Parent, and Ministry regional and
national office staff supported the development of the process. A consolidated list of all
stakeholders does not exist, so I am refusing this part of your request under section 18(g) of the
Act, as the information requested is not held by the Ministry, and we have no grounds for believing
that the information is either held by or more closely connected with the functions of another
department or organisation subject to the Act.
In relation to the
part four of your request, no correspondence to the former Minister of Education
or his representative has been identified. This may have been discussed in meetings at the time,
but no records can be found, so I am refusing this part of your request under section 18(e) of the
Act, as the document alleged to contain the information requested does not exist or, despite
reasonable efforts to locate it, cannot be found.
Please note, the Ministry now proactively publishes OIA responses on our website. As such, we
may publish this response on our website after five working days. Your name and contact details
will be removed.
Thank you again for your email. You have the right to ask an Ombudsman to review my decision
on your request, in accordance with section 28 of the Act. You can do this by writing to
[email address] or to Office of the Ombudsman, PO Box 10152, Wellington 6143.
Ngā mihi
Blythe Wood
National Director | Learning Support
Te Mahau | Te Pae Aronui (Operations and Integration)
Appendix A Document Table
#
Date
Title
Decision on release
1
7 February Memorandum of Understanding
Release in part.
2018
between the Ministry of Education
Information has been
and the Ministry of Business,
withheld under section
Innovation and Employment-
9(2)(a) of the Act.
Dispute Resolution Process
2
January
Variation to the Memorandum of
Release in full.
2019
Understanding (MoU) January 2018
Dispute Resolution Process (DRP)
3
18
Implementation Plan
Release in part.
September Dispute Resolution Process
Information has been
2017
withheld under section
9(2)(a) of the Act.
4
15
Implementation of Phase 1 of the
Release in part.
February
Learning Support Dispute Resolution Information has been
2018
Process
withheld under section
9(2)(a) of the Act.
5
2 May
Proposed monitoring and evaluation
Release in part.
2018
framework for the Dispute
Information has been
Resolution Process
withheld under section
9(2)(a) of the Act.
6
May 2018
Disputes Resolution Process –
Release in full
Auckland
7
24
Email: Leo Trompetter to Judy Dell
Release in part.
January
Subject: Extending the DRP
Information has been
2019
withheld under section
9(2)(a) of the Act.
7a
8 May
Email: Judy Dell to Leo Trompetter
Release in part.
2018
Subject: FW: Ministry of Education
Information has been
[UNCLASSIFIED]
withheld under section
9(2)(a) of the Act.
8
28 March
For Learning Support Leadership
Release in full.
2019
Team meeting
Appendix B Document Table
#
Date
Title
Decision on release
1
June 2018
The Dispute Resolution Process
Release in full
Information for boards of trustees
2
May 2018
The Dispute Resolution Process
Release in full
Information for educators
3
May 2018
The Dispute Resolution Process
Release in full
General information
4
May 2018
The Dispute Resolution Process
Release in full
Independent Mediation Service
5
May 2018
The Dispute Resolution Process
Release in full
Ministry Facilitation
6
May 2018
Resolving problems at school
Release in full
Information for parents, caregivers
and whānau of children
and young people with additional
learning needs
7
September [confluence] Sector Enablement &
Release in part.
2019
Support Hub > The Learning
Information has been
Support Dispute Resolution Process
withheld under section
9(2)(a) of the Act.
