Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 12: To ask the Minister for Education and Skills the date on which he will publish a plan for the full implementation of the EPSEN Act 2004. [9852/11]

Ruairi Quinn (Dublin South East, Labour)
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The programme for Government sets out that education will be a priority for the Government and that we will endeavour to protect and enhance the educational experience of children, young people and students. To that end, we are committing - during the tenure of the Government - to the publication of a plan for the implementation of the Education for Persons with Special Educational Needs Act 2004 to prioritise access for children with special needs to an individual education plan. The priority will be to move to a system where necessary supports follow a child from primary to second level and to achieve greater integration of special needs-related services.

The Deputy will know that a number of sections of the Education for Persons with Special Educational Needs Act have already been commenced. As required under the Act, the NCSE made recommendations regarding the implementation of the provisions of the Act and suggested additional investment over a period of years of up to €235 million per annum across the education and health sectors. My Department's opinion is that the level of investment required would be greater than that envisaged in the NCSE report.

In the light of the very difficult economic situation and these significant costs, the previous Government deferred the full implementation of the Education for Persons with Special Educational Needs Act. It is my intention to prepare a plan to implement the Act in line with the programme for Government, subject to the serious financial constraints which we have inherited from the previous Fianna Fáil-Green Party Government. All parts of the Education for Persons with Special Educational Needs Act, which have not been commenced to date, will need to be considered during this process. The Deputy will appreciate that commencement of individual aspects of the Act in isolation is difficult because of linkages across the various sections. Given the extent of the considerations required and also requirements to consider a number of other priority policy areas regarding the education of children with special educational needs, it is not possible to advise a specific date for the publication of this plan at this early stage of the Government's term in office.

Seán Crowe (Dublin South West, Sinn Fein)
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Many parents are concerned that they are not getting speedy assessments. When the Education for Persons with Special Educational Needs Act was passed by this House it was supposed to provide supports for those families, but we increasingly find that the families need to make up the shortfall. We have no timescale for when the Act will be fully implemented. I listened to what the Minister said about difficulties with funding and so on, but these families and their children are suffering. Does the Minister not accept that families will need to go back to the courts again to try to get the resources and supports needed for their children's educational needs? It was very positive to move children from special schools into mainstream ones, but without those supports there is no alternative for families. Increasingly, families must make up the shortfall themselves. It is a case of them borrowing from the credit union or other families and communities having to organise fund-raising functions because the State is not supplying the basic resources to which children are entitled under the Act.

Ruairi Quinn (Dublin South East, Labour)
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I share the Deputy's concern and acknowledge his genuine commitment in this area. The reality is that when the EPSEN legislation was introduced, no one appreciated fully the extent of support that would be required, or the cost of that support, as indicated in my initial reply. Therefore, it is understandable the decision outlined was taken. When the level of growth had expanded by virtually 1,000% in ten years, there had to be a review. There is a cap. This area has not been subject to a reduction in numbers, as is the case in other areas of the public service. Officials are considering ways to maximise the effectiveness of the very substantial resource already in place.

Seán Crowe (Dublin South West, Sinn Fein)
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Let me give an example based on the predicament of a family in a certain school. The child in question is being dismissed from school because, from 21 February to 11 March, there was an unmet requirement to supply psychological support, psychiatric support, occupational therapy, speech and language therapy and social worker support. The family is supposed to come up with the goods in the knowledge that the child will be dismissed from the school if it fails. That is the pressure families are being put under owing to the lack of resources. What does one say to a family whose child faces dismissal from school? The chances of having the child enrolled in another school are nigh on impossible. That is the pressure that has been placed on just one family in recent weeks. This is crazy. I do not know how the State can respond. I outline but one example; I do not know how many others there are. What I have outlined is a microcosm of what is happening to other families. I may revert to the Minister on this case.

Ruairi Quinn (Dublin South East, Labour)
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As I do not know the details of the individual case to which the Deputy referred, I will not prejudice any outcomes. Clearly, the response from the school is one that the family should query with the special educational needs organiser with a view to determining why the school is adopting what seems to be such an extraordinarily demanding stance to which an ordinary family must respond. I do not know if the special educational needs organiser was involved in mediation between the school and parents in this case. If the Deputy has the details, I will certainly examine the case, but I cannot make any commitment.