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Dáil Éireann debate -
Wednesday, 11 Oct 2000

Vol. 523 No. 5

Priority Questions. - Special Educational Needs.

Róisín Shortall

Question:

76 Ms Shortall asked the Minister for Education and Science the current provision of education services for people with autism; the number of persons who suffer from this condition; the number currently on waiting lists for appropriate services; and his response in terms of service provision on foot of the recent High Court Sinnott case. [21493/00]

Enda Kenny

Question:

78 Mr. Kenny asked the Minister for Education and Science if he will ensure that the Sinnott autistic case is not appealed to the Supreme Court; if the Government will set up forthwith a compensation tribunal for cases of educational neglect and provide an educational needs response to deal with the provision of specialist teachers and specialist facilities; and if he will make a statement on the matter. [21494/00]

I propose to take Questions Nos. 76 and 78 together.

In October 1998, the Government formally recognised the distinct educational needs of children with autism. Arising from this decision, children with autism are catered for in special dedi- cated classes in special schools or attached to ordinary primary schools. Each special class operates at a pupil teacher ratio of 6:1 and each class has the support of a special needs assistant. To date, a total of 63 special classes have been established to cater specifically for children with autism and further classes are being established on an ongoing basis.

In some cases, children with milder forms of autism may be capable of attending ordinary schools on an integrated basis. In such cases, the children in question are supported by the resource teacher service and by special needs assistants. Over the past two years, the number of resource teachers catering for children with special needs in primary schools, including children with autism, has been increased from 104 to more than 560. The number of special needs assistants has been increased from 200 to more than 1,400 over the same period. These developments represent an unprecedented level of growth in support services for children with special needs.

The judgment to which the Deputies refer runs to 69 pages and three appendices of over 100 pages. It deals with a range of complex issues and has very significant implications, not just for the education of children with special needs but more generally for the education system. The full implications of the judgment are currently being studied by the Office of the Attorney General and my Department. The House will appreciate that I am, therefore, somewhat constrained in commenting on this specific case and indeed on the question of compensation. However, arrangements have already been authorised for an immediate payment to enable a special home based programme of tuition and support to be put in place for Jamie Sinnott.

The case in question has highlighted the State's failure over many years to make adequate provision for the education of children with special needs. As Minister for Education and Science, it is my intention to remedy these deficiencies. As a first step in this process, I am pleased to inform the House that I am now preparing to take the following action. The immediate introduction of a nationwide pre-school education service for all children with autism; the extension of the school year through the month of July in the case of all special facilities catering for children with autism; a doubling of the level of special needs assistant cover provided to each special class catering for children with autism; a programme of specialised teacher training and an interdepartmental team of high level officials to co-ordinate our response to the needs of autistic children.

I also propose to appoint an internationally recognised expert in the field of autism to advise my Department on the development of services in this area and to liaise with the work of the special task force on autism, which I recently established and which will report to me within three months. In addition, I will appoint a clinical psychologist to advise me on the needs of individual pupils with autism.

The measures which I am now putting in place, coupled with the report from the task force on autism, will provide a basis for the development of an urgent response by the State to the needs of children with autism.

I thank the Minister for that information although there is so much that it is somewhat difficult to absorb. How many autistic children does the Minister estimate to be currently in need of specialised education? How many children are receiving this specialised education and how many have yet to receive it? Will the Minister indicate the number of people, in the same category as Jamie Sinnott, who have been failed by the State in not having their educational needs met and who, on foot of the High Court judgment, must now receive specialised services? Will the Minister give us a commitment that the task force report will be made public as soon as it is available?

It is certainly my intention to publish the report when it becomes available. Sixty-three special classes have been established since October 1998.

How many students?

There are normally six or thereabouts in the classes. I cannot guarantee that the size of each class is six.

How many are not receiving an appropriate service?

There are various estimates of the numbers. They range from 800 to 1,000 or more. We have been catering from the age of four onwards.

For some children.

The services are being set up on an ongoing basis. That will be accelerated now. The immediate introduction of a nationwide pre-school education service for all children with autism from the age of three is one of the major announcements I made in reply to the question.

How many are not receiving an appropriate service?

I cannot say. I do not have the exact figure at present.

How does the Minister propose to plan any of these proposed services if he does not know the numbers involved?

We will cater for children aged three years and upwards. This is the first time in the history of the State that this will be done. I am announcing it in the House. Perhaps the Deputy would be more impressed if I announced it outside the House but we are constantly asked to announce matters in the House. I am saying in reply to these questions that this is what we are doing. It is a major change and will be available for all those who wish to avail of it. Children are in many different circumstances. In the case of Jamie Sinnott there were different ideas on how to approach the problem. Some children are in the mainstream system but I do not have the detailed figures.

The Minister does not know the number of children who need a service.

I intend to cater for everyone in my calculations, for those who want to come forward for the extended periods and so on. I will also train teachers. That issue was highlighted recently. However, there will be people who will have their own ideas on the way to proceed and they will need to be catered for.

I agree with Deputy Shortall who has raised a number of interesting points. The courage of Mrs. Sinnott is an example to everyone. The State has been found negligent. I do not believe that neither the Department of Education and Science nor the Minister does not have a response to make on the issue of an appeal. I would like the Minister to confirm that he will not appeal the decision. If it goes before the Supreme Court it will be another two years before a decision is made and the action the Minister has outlined will probably be delayed. Will the Government appeal it? Will it set up a compensation tribunal to deal with these very sensitive and personal cases that are coming up for hearing before the High Court? Is there a budget for that? With how many does the Minister expect to deal?

Arising from what Deputy Shortall said, how much is the budget for teacher training? Who will do the training? How many are to be trained? I welcome the Minister's announcement regarding three year olds and upwards but when will that commence? Is there a structure within the Department? Is there a section with a head of section? How many people are working in it? What is the budget for that? What the Minister said about training contradicts what is happening in other areas where training is required, from principal teachers down the line. He is presiding over a Department where training is least important and where the process of getting matters online seems to have a higher priority than results.

Prior to October 1998 children with autism were not recognised as having a distinct educational need. They were catered for in facilities which also catered for children with emotional disturbance or mild learning disabilities. Since 1998, we have established 63 special classes. That is ongoing. The money is being provided. The Government has said that it recognises an automatic right for special needs generally.

What is the budget for the teacher training the Minister announced?

We are starting in January with 25. Two teachers are currently on specialised training. When the Deputy's Government was in office it did not do anything about it.

How long will that take?

I do not know. The training period will not take very long. They will go into training now. We are making a start this afternoon in this House. Do not ask me about what has been done because nothing has been done. I said autism was not recognised as having a distinct educational need. It was grouped with everything else. Since October 1998 there has been a gradual build up under a special needs unit in my Department covering all special needs. In this case, the development and recognition of the educational need has not been adequate in any part of the country. As far as the health boards and the Department of Health and Children are concerned, we relied on people to give us advice on best treatment and so on. I am appointing an internationally recognised expert within my Department and will then be in a stronger position to relate to the work of health boards, the Department of Health and Children and so on.

Will the Minister appeal the case?

The Deputy knows just how complex this is. It is being considered in my Department.

I know that but you are the Minister. What is the Minister's view?

The Deputy knows the Government works through the Attorney General.

The time for these questions has expired. We must proceed to the next question.

The Minister was given his seal of office by the President.

It is largely theoretical because I will do everything that has been requested.

The Minister will not tell us if he will appeal the case.

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