Written answers

Wednesday, 9 April 2008

Department of Education and Science

Special Educational Needs

9:00 pm

Photo of Brian HayesBrian Hayes (Dublin South West, Fine Gael)
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Question 162: To ask the Minister for Education and Science the number of court actions regarding the provision of school places, and resources, for students with special needs which her Department has been involved in during each year over the past five years; the number of these actions which progressed to the hearing stage; the number of actions that resulted in the provision of the school places or 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. [13421/08]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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Some 73 cases involving children with special educational needs, in which my Department is a named party, are ongoing. Cases are taken on behalf of children with special educational needs for a variety of reasons including seeking an educational intervention which differs to that on offer in State schools. Since the introduction of the Education Act 1998 there is now a statutory mechanism whereby children who are seeking a school placement can appeal a decision of a school to refuse enrolment or expel a child. This statutory process is known as a section 29 appeal and in circumstances whereby this process exists, parents generally do not need to have recourse to the Courts to access a school placement. Furthermore the Education Welfare Act 2000 provides for Education Welfare Officers who can assist parents in identifying and sourcing a suitable school placement for their child. It is also worth noting that since the introduction of the Education of Persons with Special Educational Needs Act 2004 there is also a mechanism whereby children with special educational needs can access the necessary supports to allow them benefit fully from an appropriate educational placement. The Special Educational Needs Organisers which have been employed on foot of this legislation further provide the necessary supports to schools to cater for the additional needs of pupils with special educational needs.

Four of the cases initiated against my Department have gone to a full hearing in the courts since 2003. In three of these actions, the Court ruled in favour of the State while judgment is awaited in the fourth. The Deputy will be aware of my position on the issues of litigation in special educational needs and can be assured that neither I nor my Department take lightly any decision to defend cases concerning children with special educational needs. I emphasise that my Department does not initiate any such proceedings and 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. I emphasise that legal costs incurred by the State in defending those cases which are brought to court are not met directly by my Department. In accordance with financial procedures in cases involving damages or compensation against the State, costs are generally charged to the Chief State Solicitor's Office Vote as sanctioned by the Attorney General.

With reference to the costs incurred by my Department, payment of legal costs of solicitors acting on behalf of children with special educational needs for the last five years are as follows: 2003, €3,766,276.53; 2004, €5,160,555.16; 2005, €1,211,529.68; 2006, €620,880.43; 2007, €421,176.97; and 2008 €177,391.39 (to date). In addition, ex gratia payments made in the settlement of some cases, were as follows: 2003, €662,830.42; 2004, €421,692.11; 2005, €101,655.16; 2006, €152,333.34; 2007, €88,282.00; and 2008, €6,013.03 (to date).

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