Written answers

Tuesday, 13 June 2006

Department of Health and Children

Services for People with Disabilities

9:00 pm

Jerry Cowley (Mayo, Independent)
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Question 194: To ask the Tánaiste and Minister for Health and Children the amount the Government is spending on defending cases brought by relatives of autistic people on account of the Government's failure to provide adequate services for people with autism; and if she will make a statement on the matter. [22457/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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Since the late 1990s, a number of parents of children with autism have taken High Court cases to obtain specific educational services for their children. Since 2000, my Department has been involved in approximately 145 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.

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:

2000 2001 2002 2003 2004 2005
Legal Costs Nil Nil 2,492,579 1,339,660 2,741,436
Settlements Nil 4,739 438,450 297,106 297,181 290,987
Total Nil 4,739 438,450 2,789,685 1,636,841 3,032,423

It should be noted that these figures do not include the costs of staff involved in responding to these cases or the costs to other State bodies involved in these cases.

These cases 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 and 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 healthcare and support services. The Health Act 2004 provided for the creation of the Health Service Executive (HSE) 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 relation to the provision of services to individuals. In a number of the cases the Health Service Executive is also named as a co-defendant.

As the Deputy is aware there has been significant progress made over the past number of years in relation to 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 in relation to 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 in order 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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