Written answers

Tuesday, 12 December 2006

Department of Education and Science

Special Educational Needs

11:00 am

Jerry Cowley (Mayo, Independent)
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Question 433: To ask the Minister for Education and Science if it is her Department's policy to compel autistic children to attend special schools for mental disability when this is deemed not appropriate for those children; and if she will make a statement on the matter. [42258/06]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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I wish to inform the Deputy that it is not the policy of my Department to compel autistic children to attend special schools when this is deemed inappropriate for those children.

My Department's preferred approach to the provision of appropriate education for children with autism, is through the primary and post primary school network, whether through placement in mainstream classes, in special classes or in special schools, a view that is supported by the findings of the Task Force Report on Autism.

A specific function of the National Council for Special Education, NCSE, through its network of local Special Educational Needs Organisers, SENOs, is to identify appropriate educational placements for all children with special educational needs, including children with autism. The NCSE, through the SENOs, continue to develop and co-ordinate additional provision, where appropriate.

As part of my Department's ongoing commitment to ensuring that all children, including those with Autistic Spectrum Disorders receive an education appropriate to their needs the following provision has been established: 178 Special Classes for children with autism, attached to special and mainstream schools; 5 special Classes for children with Asperger's Syndrome; 16 early intervention classes for children on the autistic spectrum; and 14 Stand Alone facilities providing an Applied Behavioural Analysis, ABA, specific methodology on a pilot basis — 2 of these facilities have yet to be established.

Jerry Cowley (Mayo, Independent)
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Question 434: To ask the Minister for Education and Science the reason her Department fought an action for two days in the High Court on 22 November 2006 brought by the parents of a child seeking speech and occupational therapy, which should have been provided; the amount the case is expected to cost her Department in defending this action; and if she will make a statement on the matter. [42259/06]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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I do not propose to comment on the details of an individual case or on the amount of costs associated with such a case. However I would like to make some comments on the issue of litigation and children with special educational needs in general.

Neither I nor my Department take lightly any decision to defend cases concerning children with special educational needs. Cases are generally only litigated where no potential settlement is acceptable to both sides and the Government's authority to decide issues of policy is in question. The State has an obligation under the Constitution to provide for primary education. In the context of children with special educational needs, that education must be appropriate to their requirements. The State decides on an appropriate form of provision, having regard to the advice available to it from relevant experts in the National Educational Psychological Service, the National Council for Curriculum and Assessment, the inspectorate and independent experts. The Department is not complacent in dealing with these cases and attempts, wherever possible, to reduce the potential for litigation and the levels of legal costs where they arise.

People are free to sue the State where they wish to do so. When this happens, it is clearly proper and appropriate that the State should have available to it the necessary legal advice to make an informed decision on whether it should defend or settle litigation. Settlement of a case requires the agreement of both parties and in circumstances where one party is unwilling to settle then a case will proceed to hearing of the issues in question.

The number of cases taken against the State has shown a downward trend in recent times which can be partly attributable to the substantial increase in resources. It is my belief that the establishment of the National Council for Special Education will further assist the reduction in litigation cases in providing, through its special education needs organisers, SENOs, a more focused and local response to individual needs.

Finally the Deputy will be aware that provision of speech and language therapy and occupational therapy are the responsibility of the HSE. I would like to reiterate my commitment to the issue of special needs education and, in co-operation with the National Council for Special Education and the education partners, ensure that all children with special educational needs are adequately resourced to enable them to meet their full potential.

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