Finian McGrath
Question:319 Mr. F. McGrath asked the Minister for Education and Science the amount of time and money spent on legal cases against families and children with disabilities over the past five years. [13162/02]
Written Answers. - Special Educational Needs.
Very significant additional resources were provided during the term of office of the last Government for the education of children who have special educational needs arising from disabilities. I acknowledge, however, that there was an historic deficit in funding such education resources and further progress is needed in the special education system before we can be satisfied that every child has access to the kind of education resources, which he or she needs and to which he or she is entitled. I am committed to making that progress. I also acknowledge that because of resourcing and organisational issues there are parents who feel it necessary in the interests of their child to seek redress in the courts. That is their right. It is entirely misleading, however, for the Deputy to imply that my Department takes cases "against" such families. My Department responds to cases brought against the State, as it is obliged to do, and most are settled on agreed terms without a court hearing.
Legal costs incurred by the State in defending those cases, which are brought to court, are not met directly by my Department but in accordance with financial procedures in cases involving damages or compensation against the State. Costs are generally charged to the Chief State Solicitor's office Vote as sanctioned by the Attorney General.
My Department meets the legal costs of plaintiffs where there is a settlement or an order for costs against the State. In the past five years the following amounts have been expended for these purposes from the funds voted for special needs education:
|
Year |
Legal Costs |
|
£ |
|
|
1997 |
125,558.85 |
|
1998 |
40,300.85 |
|
1999 |
179,726.82 |
|
2000 |
198,775.27 |
|
2001 |
2,245,917.01 |