Written answers

Thursday, 26 April 2007

Department of Education and Science

Court Proceedings

5:00 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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Question 188: To ask the Minister for Education and Science the number of children who are currently the subject of court challenges in relation to the provision of education; the number that relate to primary level and to second level; and if she will make a statement on the matter. [15698/07]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The number of children who are currently the subject of court proceedings in relation to the provision of education are as set out below:

Overall — 70

Primary — 43

Post-Primary — 27

However, it should be noted that a number of cases relating to education provision involve special educational need and/or home tuition rather than the primary or post primary sector per se. Further, the Deputy may wish to note that in some circumstances the child may have made the transition from primary to post primary in the course of proceedings, or that litigation may have arisen in respect of school non-attendance; there are a number of cases relating to minors in which the provision of education is one of a number of factors at issue between the parties, e.g. the provision of certain therapies, psychological assessment and related matters. Accordingly, the above provision of a breakdown of figures for primary and post primary level does not reflect the complexity of the matters before the Courts.

The information supplied relates only to minors, and does not include any legal challenges in respect of adult education. The above figures relate to educational provision: they do not include litigation arising in respect of Children Detention Schools and related matters which are the subject of the Children Act 2001 as amended by Part 12 of the Criminal Justice Act 2006. The Deputy's reference to the "provision of education" has been taken to exclude those cases which do not relate to education provision e.g. actions relating to abuse in residential institutions; personal injuries claims by students or school staff against schools; school transport; industrial relations matters.

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