Dáil debates

Tuesday, 1 July 2025

Review of Education for Persons with Special Educational Needs Act 2004: Statements

 

6:05 am

Photo of Erin McGreehanErin McGreehan (Louth, Fianna Fail)

I welcome the Minister of State to the House to discuss the publication of the review of the Education for Persons with Special Educational Needs Act 2004. The report is an overdue milestone and a wake-up call. Now, 21 years into that EPSEN Act, we must be real. Parts of the legislation have never been implemented. The Ombudsman for Children highlighted in 2021 that key provisions, especially those concerning assessments of need, were unactioned and placing intolerable pressure on children and families. As the Minister of State is aware, many children endure long waits for assessments and supports and rely on the interim system which is failing to meet basic legal obligations.

A report by the Ombudsman for Children, Unmet Needs, details delays of well beyond three months. This demonstrates the legislative inertia that is causing serious consequences. This review responds directly to systematic failings. It draws on extensive input from 28,000 responses, of which nearly 1,000 were from children and young people, to agree 51 concrete recommendations. These aim squarely at the heart of the issues flagged, namely, uncommenced legal provisions, delayed assessments, weak accountability and, most crucially, children's rights being overlooked in practice. The review makes a particularly striking call for a unified legislative framework covering all school-age children. Also urgent are statutory student support plans and strengthened assessment of need timelines, which is exactly where the delays have been most damaging.

The publication of the review is not an endpoint but a starting point. We now move forward with this review for children and their families. The Government must produce a detailed implementation plan as soon as possible, with clear timelines, funding allocations and accountability mechanisms. We need to revisit the Disability Act 2005, which was a long time ago. We need to ensure the rights of children and provide therapies alongside that. We must make sure the legislative underpinnings that are secured for the children and their families work for the children. We must not introduce legislation for the sake of it but pass legislation that works for children and their families. Without resources, time and accountability, we are not going to get the answers and children will not get a proper education. We need laws that work for the child, not a system that has failed thousands of children.

The Minister of State knows what the issues are. He and I worked together closely on the Joint Committee on Disability Matters. He lives with these issues constantly in his new role. Children have the right to an education that fulfils their needs. We have to solve the issue of SNA allocations in schools. There is chaos in the application process. Children and families deserve better.

The review is not enough. It must be a starting point to seriously and without haste enact its recommendations. There is an incredible amount of work to do. The Minister of State has created a number of special education classes in schools. Making sure that every single child in this country has a proper and adequate classroom keeps him awake at night. I congratulate the Minister of State on his work. I wish him the best in his endeavours ahead. He has my support.

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