Catherine Murphy (Kildare North, Independent)
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Question 144: To ask the Minister for Health and Children the number of court actions regarding the provision of resources such as speech and language therapy, occupational therapy, psychological services and multi-disciplinary teams for children with special needs in which she or her predecessors have acted as respondents that are pending and which took place each year since 2002 to date in 2007; 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. [8203/07]

Tim O'Malley (Limerick East, Progressive Democrats)
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Since 2002, 85 cases have been entered against my Department in which applicants are seeking access to education and health support services. In cases involving children with disabilities this also includes, on occasion, access to appropriate health related supports. These cases were broken down as follows:

2002: 35 cases (15 Judicial Review, 20 Plenary)

2003: 18 cases (7 Judicial Review, 11 Plenary)

2004: 12 cases (5 Judicial Review, 7 Plenary)

2005: 9 cases (5 Judicial Review, 4 Plenary)

2006: 11 cases (7 Judicial Review, 4 Plenary)

2007: 2 cases (2 Plenary)

In that time, three cases have proceeded to full hearing, the first in 2003 and the second during 2005. The court ruled in favour of the State on both occasions. The third case has yet to be determined. A number of other cases which commenced prior to 2002 are also being dealt with by 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 2002 was as follows:

Costs to date in 2007 amount to approximately €30,000. It should be noted that these figures do not include the cost of officials in my Department 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 and intellectual, physical and sensory disabilities. The Deputy should note that the Department of Health and Children is not specifically named as a defendant in all of these cases but is involved due to its role 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 a function 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. Overall additional funding of €41 million was provided in 2006, 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 all services to allow children with disabilities participate in the education system. Funding of €75m is being provided in 2007 that incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy of which €41m is allocated to the provision of residential, respite and day services to those with an intellectual disability and autism. Included in this €41m is €2.2m for the transfer of persons with an intellectual disability from settings which are inappropriate to their needs. €12m is being provided for residential places and additional hours of personal assistance and home supports for persons with physical and sensory disabilities. €15m is being provided in 2007 to meet commitments relating to the enactment of Part II of the Disability Act 2005 which commences on 1 June 2007. Of the €75m, €5m is being provided for core underfunding deficits in voluntary organisations and €2m is being provided for increases in the capitation rate for Rehabilitation Training.