Vol. 534 No. 5
221 Mr. R. Bruton asked the Minister for Education and Science if he sees merit in the establishment of an appeal structure whereby parents of children with special needs, who feel that the necessary support for their child is not being provided, could seek an adjudication without having to go through the expensive court system; and if he will make a statement on the matter. [11175/01]
I see significant merit in the establishment of an appeal structure which would address the issue to which the Deputy refers. I regard it as unacceptable that any parent, particularly a parent of a child with special needs, should find it necessary to resort to litigation to secure their child's educational entitlements.
The issue of an appeals mechanism was among the matters addressed by the planning group on special education which was established in my Department to make recommendations on the arrangements which should be put in place to ensure the most effective provision of a high quality co-ordinated service at all stages of education for students with disabilities. The recommendations which have been brought forward by the planning group provide a valuable blueprint for the development of an effective special education service which will remove the need for parents to have to resort to litigation to secure their entitlements. It is my intention to seek Government approval to proceed with these measures at an early date.
222 Mr. R. Bruton asked the Minister for Education and Science the number of court cases taken by parents of children with special needs, which have been initiated in the past 12 months; the number which have been settled in the past 12 months indicating whether the settlement was decided in the court or without a full hearing; and the number of cases against the Department which are still outstanding. [11176/01]
In the period from April 2000 to March 2001, 56 court cases were initiated on behalf of children with special educational needs. Ten of these have been settled. Two cases were determined following a court hearing, while the remaining eight were the subject of agreement between the parties. In all cases involving minors, it is the practice to put the terms of a settlement before the court for its approval.
There are currently 72 cases outstanding against my Department in respect of children and adults with special needs.
