Why Australia Needs an Educational Ombudsman: Accountability for All
Education is not only the foundation of a child’s future but also the backbone of a thriving, fair society. While the legal frameworks such as the Disability Standards of Education 2005 (DSE) and the Disability Discrimination Act 1992 (DDA) exist to protect students with disabilities, there is an urgent need for broader oversight within the education system. Australia’s teachers and school staff also face barriers to raising concerns about discrimination, bullying, and harassment, particularly when it involves those in leadership positions. This, coupled with the well-being crisis facing educators, underscores the critical need for an Educational Ombudsman. An Ombudsman would not only enforce laws but provide a safe, independent channel for all members of the school community to voice concerns without fear of repercussion.
Beyond the Disability Standards: Protecting Teachers and Staff
The role of an Educational Ombudsman cannot be limited to ensuring schools comply with the DSE and DDA. It must also offer support and protection to teachers and staff who experience or witness workplace discrimination, bullying and harassment. In a hierarchical system like education, teachers may feel vulnerable to retaliation when raising complaints about school leadership or institutional practices. This culture of fear contributes to the increasing dissatisfaction within the profession.
According to a report by the Black Dog Institute, almost half of Australian teachers are considering leaving the profession in the next 12 months. This alarming statistic points to the urgent need for systemic change, as teachers face unmanageable workloads, mental health challenges, and environments where they may not feel safe to speak up. In a field that relies on collaboration, passion and care, such conditions are unsustainable and detrimental to the students they teach.
The Role of an Ombudsman in Addressing Staff Concerns
A Safe Reporting Mechanism: An Educational Ombudsman could provide teachers and staff with a confidential avenue to report incidents of bullying, harassment, and discrimination - particularly those that involve leadership. With an independent body in place, teachers could feel empowered to voice concerns without fear of career consequences, fostering a healthier, more open school environment.
Protection for Whistleblowers: Fear of reprisal is a significant barrier to speaking out in the workplace, especially in hierarchical institutions like schools. An Ombudsman could offer legal protections for whistleblowers, ensuring that those who report wrongdoing are not subjected to professional or personal repercussions.
Addressing Workplace Well-being: Beyond protecting staff from harassment and bullying, an Ombudsman could help address broader issues impacting teacher well-being. Through regular audits and independent evaluations, this role could also assess whether school environments are conducive to positive mental health for both staff and students. This would be particularly important in mitigating the elevated levels of stress and burnout currently being reported by educators.
A Broader Approach: Addressing Discrimination in All Forms
Discrimination, bullying, and harassment in schools extend beyond the experiences of students with disabilities. These issues affect students, teachers, and staff alike, from racial discrimination to gender-based harassment and other forms of prejudice. An Educational Ombudsman could act as a safeguard against all forms of discrimination by ensuring that educational institutions uphold human rights standards for everyone.
Oversight on Inclusivity and Equity: Just as the Ombudsman would ensure compliance with the DSE for students with disabilities, it could enforce standards that promote inclusion for students from diverse cultural, racial and socioeconomic backgrounds. Independent investigations into instances of discrimination or bias would create a more equitable learning environment.
Promoting a Culture of Accountability: With an Ombudsman in place, schools would need to foster a culture of accountability from leadership down to classroom levels. This would not only protect vulnerable students and staff but also promote a more supportive and inclusive atmosphere where everyone feels respected and valued.
Public Accountability: An Ombudsman would have the power to investigate and publish findings on instances of discrimination, whether they involve students or staff. These findings could act as a deterrent to schools that fail to address systemic problems and encourage institutions to improve their internal policies and cultures.
Independent Audits and Transparency: A Model for All
An Educational Ombudsman would provide a much-needed framework for transparency that is currently missing from Australian schools. Just as childcare centres are regularly audited to ensure they meet safety and quality standards, schools should be subject to independent, routine audits. These audits would assess not only compliance with the Disability Standards of Education (DSE) but also whether schools are fostering safe, inclusive environments for both students and staff.
Critically, the findings of these audits should be made publicly available, allowing parents, teachers and the broader community to have insight into how well a school is performing in terms of legal compliance and cultural inclusivity. Additionally, random interviews with parents, students and staff during the audit process would provide an independent, comprehensive view of the school’s internal culture, enabling a more accurate assessment of leadership practices.
Publishing these findings would allow parents to make more informed decisions about where to send their children, as opposed to the current trial-and-error method many families experience when searching for the right school. With this transparency, parents could evaluate schools based on their track record of supporting students, their ability to meet legal obligations and their success in providing an inclusive and safe learning environment for everyone. This would give families the confidence they need in choosing the best school for their child, and reduce the number of children and parents who experience avoidable hardships within the school system.
The Cost of Inaction: Losing Educators and Failing Students
The high percentage of teachers considering leaving the profession is a warning sign that the system is failing. If we do not act now to protect teachers from burnout, bullying and systemic discrimination, we risk losing the educators who make a profound impact on students’ lives. Without intervention, schools will continue to operate with little to no accountability for failing to uphold their legal and moral responsibilities to both students and staff.
When educators are stressed, overworked or fearful of retaliation, the quality of education suffers. Students lose out when teachers are unable to do their jobs to the best of their abilities due to the toxic culture they work in. By appointing an Educational Ombudsman, we can safeguard the rights of both teachers and students, ensuring that schools become environments where everyone - regardless of status, role, or ability - is supported and respected.
Conclusion: A Call for an Inclusive Ombudsman System
Australia’s education system is in desperate need of reform, not just to protect students with disabilities but also to ensure the well-being and safety of all teachers and staff. An Educational Ombudsman could provide the oversight, accountability and protection needed to build a more inclusive, respectful, and equitable school environment.
By giving teachers, staff, and students a voice - and holding institutions accountable - we can create a school system where everyone thrives. Schools should be places of learning, growth, and respect, not fear, discrimination, or burnout. It is time to act by appointing an Educational Ombudsman and ensuring the education system is one where no one is left behind, silenced or overlooked.
#Includemykid Movement
The #includemykid movement calls for every parent to share their story of advocating for their child in the school system. It’s a collective voice demanding that schools are not only inclusive but accountable. It’s time for change. And that change begins with an Educational Ombudsman.