Catherine Murphy (Kildare North, Independent)
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Question 313: To ask the Tánaiste and Minister for Health and Children the number of court actions regarding the provision of resources such as speech and language therapy, occupational therapy and psychological services relating to primary school students with special needs which her Department has been involved in for each year from 2000 to date; the number of these actions which progressed to the hearing stage; the number of cases that resulted in the provision, by her Department, of the resources sought by the plaintiffs; the costs which were incurred by her Department in responding to these court actions; and if she will make a statement on the matter. [3173/06]

Catherine Murphy (Kildare North, Independent)
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Question 314: To ask the Tánaiste and Minister for Health and Children the number of court actions regarding the provision of resources such as speech and language therapy, occupational therapy and psychological services relating to secondary school students with special needs which her Department has been involved in during each year from 2000 to date; the number of these actions which progressed to the hearing stage; the number of cases that resulted in the provision, by her Department, of the resources sought by the plaintiffs; the costs which were incurred by her Department in responding to these court actions; and if she will make a statement on the matter. [3174/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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I propose to take Questions Nos. 313 and 314 together.

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 2000, my Department has been involved in 142 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: 2000, 36 cases — 15 judicial review, 21 plenary; 2001, 32 cases — 11 judicial review, 11 plenary; 2002, 35 cases — 15 judicial review, 20 plenary; 2003, 18 cases — seven judicial review, 11 plenary; 2004, 12 cases — five judicial review, seven plenary; and 2005, nine cases — five judicial review, four plenary.

I am unable to say how many of these cases relate to primary or post-primary students. Due to the manner in which the judicial system operates, it can be some time before a case is entered. Furthermore, a number of the students would not be attending traditional primary or post-primary schools or other educational facilities due to the nature of their disability.

In that time, five cases have proceeded to full hearing. One of these cases was settled during the hearing. Of the other cases which proceeded to full hearing, the court ruled in favour of the State on two occasions, one case was successfully appealed by the State to the Supreme Court and a further case has yet to be determined. A number of other cases which commenced prior to 2000 are also being dealt with in 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 2000 was as follows:

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, intellectual, physical and sensory disabilities.

The Deputy should note that my Department is not specifically named as a defendant in all of these cases but is involved due to the role of my Department 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. Pursuant to the Health Act 2004, the HSE has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for all health related supports. As such, my Department does not have responsibility in the provision of services to individuals. In a number of the cases the Health Service Executive is also named as a co-defendant.

There has been significant progress made over the past number of years in enhancing and developing services for people with disabilities. An integral part of the national disability strategy is the implementation of two major legislative measures, the Disability Act 2005 and the Education for Persons with Special Educational Needs Act 2004, both of which provide a framework for the planning and delivery of health and personal social services and education services for people with disabilities.

The multi-annual investment programme published by the Government in December 2004 as part of the national disability strategy contained details of specific commitments for the provision of specific high priority disability services over the period 2006 to 2009. The programme, together with the enhancement of other key support services, is a key factor in building the additional capacity required to put in place the new framework provided for in the Disability Act and the Education for Persons with Special Educational Needs Act. The funding provided for in the national disability strategy amounts to €900 million over the period 2006 to 2009. In addition to the costs associated with this programme, which amount to €59 million in 2006, a further additional €41 million is being provided this year, the bulk of which will be used to enhance the level and range of multidisciplinary support services available to adults and children with intellectual, physical and sensory disabilities, autism and mental illness, with a priority on enhancing the assessment and support services for children 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.