Dáil Éireann debate -
Wednesday, 10 Feb 1999

Vol. 500 No. 2

Written Answers. - Special Educational Needs.

Richard Bruton

Question:

47 Mr. R. Bruton asked the Minister for Education and Science if he has decided to discontinue the State's defence of cases where parents are taking legal action for appropriate education of their children in view of the passage of the Education Act, 1998; and the total number of these cases on hand at present. [3626/99]

Minister for Education and Science (Mr. Martin)

As this is an important matter I hope Deputies will not mind if I give a detailed answer to Deputy Bruton's question. The cases referred to by the Deputy have been taken by parents on behalf of children with significant special needs and, in particular, children with autism. There are at present 57 such cases, of which 38 relate to children with autism.

Last year I announced that the Government had agreed a major new initiative under which all children assessed as having special educational needs arising from disabilities are now entitled to an automatic response to those needs. The response may take the form of full or part-time teaching or child care support, or both, depending on the number of children involved and the level of their special needs. Already, as a result of this initiative, my Department has allocated an additional 33 resource teachers and 156 child care assistants to cater specifically for children with special needs. The process of deploying the necessary resources to meet the needs of all such children is continuing.

I have also announced my Department's formal recognition of the distinct educational needs of certain children with autism. Arising from this development, my Department has already established an additional 28 special classes dedicated to the needs of such children. These classes operate at a pupil teacher ratio of 6:1 and each class also has the support of a child care assistant. Further classes will be established where the need arises. On the day this initiative was announced the Irish Society for Autism referred to it as representing the end of a 25 year campaign.

The essential point of this initiative has been to remove the necessity for parents to seek to vindicate their childrens constitutional rights by taking court cases. Since the launch of the initiative there has been a dramatic fall in the number of new cases arising and I expect this trend to continue. I am also pleased to be able to inform Deputies that the High Court has expressed its appreciation of the actions of my Department.

The current status of these cases is that the provision which has been put in place for each child is being reviewed in order to ensure that it is working to the satisfaction of all concerned and, in particular, that details such as transport and outreach provision are finalised. In none of the cases concerned is the State seeking to deny provision to the children, it is simply a matter of the cases being brought to their conclusion in such a manner as to ensure that the plaintiffs are satisfied. I draw the House's attention to the report of Mrs. Justice McGuinness on 12 January, where she noted that the provision put in place was welcomed by the parents. She granted a further adjournment until April to allow details to be finalised and for the tidying up of any difficulties that might arise.

As I said, my policy has been to remove the cause of these cases. In his question the Deputy refers to the State defending the cases. We have sought to resolve each case in a constructive fashion, to the satisfaction of both the court and the plaintiff. It is a matter of fact that the conclusion of cases is, as the Deputy will know, a matter for the courts and the plaintiffs.

This is an important area and I know Deputies will agree that the State's response in previous years was at best inadequate. The indications are that the major developments put in place by this Government will, once and for all, have made sure that we have available to these children a level and quality of education appropriate to their needs.