Tim O'Malley (Limerick East, Progressive Democrats)

Since the late 1990s, a number of parents of children with autism began to take High Court cases to obtain specific educational services for their children. Since 2002, my Department has been involved in 74 cases in which applicants are seeking access to such appropriate education services. In cases involving children with disabilities this also includes, on occasion, access to appropriate health related supports.

These cases are broken down as follows. In 2002, there were 35 cases, 15 of which were judicial review cases and 20 plenary cases. In 2003, there were 18 cases, seven of which were judicial review cases and 11 plenary cases. In 2004, there were 12 cases, five of which were judicial review cases and seven plenary cases, and in 2005, there were nine cases, five judicial review cases and four plenary cases. In that time, three cases have proceeded to full hearing, the first in 2003 and the second during 2005. The court ruled in favour of the State on both occasions. The third case has yet to be determined. A number of other cases which commenced prior to 2002 are also being dealt with by my Department.

The cost to my Department, excluding the costs of the State defence which is borne by the Office of the Chief State Solicitor, in each of the years since 2002 was as follows. In 2002, there were no legal costs and settlements amounted to €438,450, totalling €438,450.

In 2003, legal costs amounted to €2,492,579 and settlements amounted to €297,106, totalling €2,789,685. In 2004, legal costs amounted to €1,339,660 and settlements amounted to €297,181, totalling €1,636,841. In 2005, legal costs amounted to €2,741,436 and settlements amounted to €290,987, totalling €3,032,423. It should be noted that these figures do not include the costs of staff involved in responding to these cases.

These cases are, in the main, taken against the Department of Education and Science and allege a failure on behalf of the State to provide for an appropriate education as provided for in the Constitution. While these cases are mainly taken by parents of children with autism, there are also a number of cases relating to ADHD and intellectual, physical and sensory disabilities.

The Deputy should note that the Department of Health and Children is not specifically named as a defendant in all these cases but is involved due to its role in the formulation and development of policy in respect of the provision of health care and support services. The Health Act 2004 provided for the creation of the Health Service Executive, which was established on 1 January 2005.

As the Deputy is aware, significant progress has been made in recent years regarding enhancing and developing services for people with disabilities. I am satisfied that the level of investment in disability services demonstrates that the Government is committed to the provision of appropriate services to enhance capacity within the health services to deliver on the various legislative provisions contained in the national disability strategy. This includes continued enhancements to services to allow children with disabilities participate in the education system.

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