Oireachtas Joint and Select Committees

Thursday, 10 May 2018

Public Accounts Committee

State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE

9:00 am

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats) | Oireachtas source

I recall a matter that is not relevant to the health service; it is more one for the State Claims Agency. Perhaps ten years ago, we had case after case involving parents who went to the courts because they could not get appropriate education for their children. In response to a parliamentary question, I was advised that over a period of three years €20 million was spent on legal fees, effectively fighting parents in the courts. Systems were subsequently put in place to make provision in schools for education, whether it was mainstream, special needs or whatever. At that point, we stopped seeing so many cases going through the courts. There was some degree of learning, albeit after parents had gone through quite a torrid time.

Every week now, we see people coming out of court. Parents make the point that although the money will look after the child for the rest of his or her life, nothing will repair the damage. It strikes me that the lack of services - not just open disclosure - prompts some of the cases because people feel that the services will not provide for their needs. Has any evaluation done as to what might be the best outcome for people in circumstances where a failure occurs?

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