Catherine Ardagh (Dublin South Central, Fianna Fail)
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294. To ask the Minister for Education and Skills to confirm when the special education needs litigation unit was established within her Department; and if she will make a statement on the matter. [33483/25]

Catherine Ardagh (Dublin South Central, Fianna Fail)
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295. To ask the Minister for Education and Skills the number of staff that work within the special education needs litigation unit of her Department; and if she will make a statement on the matter. [33484/25]

Catherine Ardagh (Dublin South Central, Fianna Fail)
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296. To ask the Minister for Education and Skills the amount spent annually, since 2020, defending legal actions taken on behalf of special needs children and their families, including all costs associated with both internal and external legal fees; and if she will make a statement on the matter. [33485/25]

Michael Moynihan (Cork North-West, Fianna Fail)
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I propose to take Questions Nos. 294, 295 and 296 together.

Legal cases which are taken against the State are managed under the guidance of the Office of the Attorney General (AGO) and Chief State’s Solicitor’s Office (CSSO). The approach adopted by my Department in relation to management of Special Education litigation alongside the development and roll-out of Special Education policy and resources have resulted in very few cases proceeding to full hearings in Court.

My Department does not initiate cases and does not take lightly any decision to defend cases. There is always an appreciation of the rights of the child to an appropriate education under the Constitution, the needs of the child and a desire to act in the child’s best interests.

Legal costs are generally charged to the CSSO's Office Vote, as sanctioned by the Attorney General.

My Department may be advised to compromise proceedings, in order to minimise the cost to the exchequer and safeguard the Department's policy and resource parameters (based on Counsel/AGO advices). This may include the payment of total Legal Costs (or a contribution to same) and/or an ex-gratia (Court Settlement) contribution sum to the applicant/plaintiff.

Legal Costs and Court Settlements (Ex- Gratia) -2020 to date

I also wish to inform the Deputy that the litigation work specifically relating to special educational needs is part of the overall Special Education section in the Department and there have always been staff assigned to this work in my Department. This area of work is currently assigned under a specific Principal Officer area within this Section, which has responsibility for other policy areas such as home tuition, assistive technology, summer programmes, review of legislation and Governance. The number of staff from within that area assigned to litigation matters depends on the level of work at any particular time.