Dáil Éireann Debate, Tuesday - 23 January 2024
298. Deputy Darren O'Rourke asked the Minister for Education her views on the recent ruling in the High Court which challenged the legality of the of the devolution of the NCSE's legislative responsibility for the assessment of children with additional needs on to schools; what steps she will take to address this; and if she will make a statement on the matter. [2823/24]
View answerAs the Deputy will be aware the outcome of the judicial review cases relating to the process that is in place to provide a report on the assessment of education needs as part of the wider HSE’s Assessment of Need process was received on the 12th January 2024. I also wish to advise the Deputy that my Department does not comment on individual Court cases.Notwithstanding this I wish to inform the Deputy that this decision relates to the assessment of needs system established by the HSE arising from the Disability Act 2005 and specifically the requirement for an educational component in the assessment process. A separate component was established in order to comply with the assessment process from an educational perspective, and it is this element that was being challenged in the Courts.My Department is carefully considering the detailed judgement and seeking legal advice from the Attorney General. My Department will continue to engage with the NCSE, the HSE and the full range of education stakeholders to ensure that we have a process that will stand up to scrutiny and will also need to give detailed consideration to the implications of Justice Bolger’s ruling for our schools, our services and for our students. In conclusion I wish to reassure the Deputy that this Government will continue to support children with special educational needs and work with all stakeholders to ensure an appropriate education is provided for these children.
