Kathryn Reilly (Sinn Fein) | Oireachtas source

I welcome the Minister to the House. I support the motion Senator Rónán Mullen has brought before the House. It is disturbing and sad that the parents of children with special educational needs or disabilities have had to fight continually for their children's rights. Those rights should be enshrined in law as a matter of course. Like most public representatives, I am in regular contact with parents of children with special needs, often on a weekly basis. Many parents have become experts in fighting their corner with various organs of the State, including the National Educational Psychological Service, the child and adolescent mental health services section of the Health Service Executive and the Delivering Equality of Opportunities in Schools programme, for the right to have their children assessed for entitlement to basic resources. In recent weeks we have dealt with parents of children with autism, Down's syndrome and other conditions whose education is suffering because of the way in which resource hours are being allocated.

Colleagues have covered most of the points I wished to raise, so I will focus on one particular issue. Complaints to the Ombudsman for Children, Ms Emily Logan, increased by 22% in 2011 according to her office's annual report from October last year. The office investigated 1,393 new complaints in 2011, almost half of which related to education and 32% to health. The breakdown of the education complaints shows that problems with special needs resources made up 12% of those complaints, while 23% of health complaints related to the adequacy of and access to HSE services. The ombudsman indicated that she was not surprised by the increase in grievances in regard to education. She stated:

Parents are very worried about the cuts to special needs education. And they become fearful because there is a lack of communication on what the implications might be for the child.... While adequate resources are of great importance to guaranteeing that children's rights are respected, the attitude and culture that underpin how we engage with, and provide for, children is arguably more fundamental... We continue to see more concern for the system than for the best interest of the child and family.

Ms Logan stressed the need for Government policies based on fairness and equity which, she said, are even more important at a time of fiscal difficulties.

The recommendations of the National Economic and Social Council report must be implemented as soon as possible. A range of shortcomings and failings is identified in the report, including in regard to the linkage between allocation of resources and category of disability. A system of allocation based on need is essential if we are to improve the level of supports for children with special educational needs, particularly where the emphasis is on integrating students into mainstream education. The authors of the report were careful to highlight their efforts to ensure the recommendations were realistic in the context of available resources, including in respect of the implementation of the Education for Persons with Special Educational Needs Act 2004. The recommendations contained in the report are cognisant of the economic realities. They are feasible proposals that can and should be taken forward as a matter of urgency. This is not to say, of course, that we should refrain from urging the implementation of the 2004 Act at the earliest possible date.

We have an obligation as Members of the Oireachtas to support children with special educational needs. We all recognise the serious difficulties and challenges facing families as they seek to access essential supports. The Government must actively support families affected by the loss of services in the past, with a view to restoration of those services. We must ensure that the NESC vision of a society where children and adults with special educational needs receive an education that enables them to achieve their potential is realised. Inclusive education practices must be underpinned by a series of statutory rights which will ensure children receive an education in an inclusive environment and achieve outcomes in accordance with their ability. I look forward to the Minister's response.