David Stanton (Cork East, Fine Gael)
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Question 514: To ask the Minister for Health and Children, further to Parliamentary Questions Nos. 313 and 314 of 31 January 2006, the number of court actions regarding the provision of resources, such as speech and language therapy, occupational therapy and psychological services relating to primary and post-primary school students with special needs, in which her Department has been involved each year from 2006 to date in 2009; the number of same which progressed to hearing stage; the number of cases that resulted in the provision by her of the resources sought by the plaintiffs; the costs which were incurred by her in responding to these courts actions; and if she will make a statement on the matter. [31697/09]

John Moloney (Laois-Offaly, Fianna Fail)
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Details relating to 142 special education needs cases involving my Department from 2000 to the end of 2005 were included in response to Parliamentary Question Nos. 313 and 314 of 31 January 2006. Since 2006, 14 further cases (11 Judicial Review cases and 3 Plenary cases) relating to special education needs were commenced against the Minister for Health and Children. These cases are broken down as follows: 2006: 9 cases (8 Judicial Review, 1 Plenary) 2007: 4 cases (3 Judicial Review, 1 Plenary) 2008: 1 case (Plenary) 2009: 0

In the period from 2006 to date, one special education needs case, which commenced in 2004, was the subject of a High Court adjudication (in 2007). In that case, the claims against my Department and the Department of Education and Science were dismissed.

Such 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. Education and health-related educational supports are provided by the education sector and by the Health Service Executive, respectively. My Department is involved due to its role in the formulation and development of policy in respect of the provision of healthcare and support services.

Since 2006, my Department has also contributed towards the settlement of a total of 41 special education needs cases (22 Judicial Review, 19 Plenary) which were initiated prior to 2006. 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 2006 was as follows:

In addition, a reimbursement of €597,461.36 was paid in 2006 to the Department of Education and Science in respect of special education needs cases in which they had (prior to 2006) paid the full costs on behalf of the State. It should be noted that these figures do not include the costs of staff involved in responding to these cases.