Catherine Murphy (Kildare North, Social Democrats)
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1025. To ask the Minister for Education and Skills the number of cases that have been taken against her Department in each year since 2016 in relation to special education provision; the cases that have been settled; the cases that are still outstanding; the amount in legal fees for each year since 2016; the location in which that is captured in her Department's accounts; and if she will make a statement on the matter. [30315/22]

Josepha Madigan (Dublin Rathdown, Fine Gael)
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My Department does not take lightly any decision to defend cases concerning children with special educational needs. Therefore, my Department is not complacent in dealing with these cases and attempts, wherever possible, to reduce the potential for litigation. It should be noted by the Deputy that my Department does not initiate 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 education policy is in question.

The information in the Table below, addressing the questions raised by the Deputy, has been collated to indicate the total number of cases commenced, and settled, from 2016 to 2022 (to date), in which I, as Minister for Education, am named as a respondent in the proceedings.

The Deputy may wish to note that the number of cases settled in a given year, as listed in the table, may include cases which were initiated in an earlier year. The Deputy should please note that Legal costs (fees) incurred by the State in defending proceedings instigated against my Department, are not met directly by my Department. In accordance with established financial procedures such costs are generally charged to the Chief State Solicitor's Office (CSSO) Vote, as sanctioned by the Attorney General.

My Department may however be required to meet the legal costs of Applicants/Plaintiffs where there is a settlement or an order for costs against the State in cases where I am a named party. These costs are included in my Department’s financial returns annually.