Vol. 520 No. 5
13 Mr. Kenny asked the Minister for Education and Science when an appeal mechanism for parents of pupils with special educational needs, who believe that appropriate supports are not being made available to their children, will be put in place. [16136/00]
As Minister for Education and Science I am anxious that children with special educational needs receive a comprehensive response which addresses all their requirements and that the need for parents to appeal the adequacy of such provision would be kept to an absolute minimum. I also consider that my Department has a duty not only to meet the educational needs of such children, but to do so with efficiency and sensitivity.
At present, any parent of a pupil with special needs may appeal to my Department where he or she is dissatisfied with the educational response made available to their child. All such appeals are dealt with on an individual basis having regard to the needs and circumstances involved.
A special planning group is currently finalising work in my Department on an overall review of our approach to special education services. The remit of this group is 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 the education system for students with special needs.
The question raised by the Deputy in relation to appeals of provision and the most appropriate mechanism for dealing with this issue is one of the matters being addressed by the planning group.
I expect to receive the report of the planning group in the near future. I assure the Deputy that I will respond as positively as possible to any proposals which will contribute to easing the burden on parents of special needs children and ensuring adequate support services for these children.
Why has the Minister drawn back from the commitment made by his predecessor on leaving office, that an appeals system would be put in place for such parents? Everyone understood that a proper appeals system would be put in place like that established under the Education Act and which applies in relation to problems in individual schools and not merely a facility for writing a letter to the Department. He now appears to have placed that proposal with a planning group. Why is this the case?
Is it not wholly unsatisfactory that 183 parents are taking court actions against his Department to try to establish adequate service for their children? Is it not unacceptable that we find the State defending such cases when we could have a simple, fair and equitable appeals mechanism, recognised by law, which would deal with these issues fairly and quickly without putting parents to that difficulty and expense?
I expect the planning group to report shortly. It is examining the issue of the appeals system. I have no difficulty with that.
Is the Minister committed to it?
The group will recommend the methodology. There are various ways in which this can be done. I will see the group's recommendations and decide what steps should be taken. I have no difficulty with having an appeals system.
At the moment we are dealing immediately with any cases which come to my attention or to the attention of the Department. Some of the cases which have gone to court had come to my attention and had been dealt with before they were heard in court. It was not necessary for them to go to court for that purpose. I ask parents who are involved and who are concerned to bear in mind the commitment given by the Government on which I will follow through. If people then feel they wish to go to court, that is another question. Some of the packages which have been designed are ones which were later accepted by the courts.
It is important to have clarity on this matter. Is the Minister aware that when the Education Act was debated the Minister refused an amendment which would have provided an appeals mechanism to such parents? In January of this year, the Minister indicated that there would be an appeals mechanism. Is he now saying we will have an appeals mechanism on a statutory basis for such parents? The question demands a "yes" or "no" answer. Will the statutory appeal rights which were granted in respect of schools be made available to parents of special needs children when their children are not being properly provided for? Can the Minister give a simple answer, "yes" or "no"?
Answers are not that simple. One of the best appeals systems, which deals with the biggest volume of cases, is that in the Department of Social, Community and Family Affairs. It is not a statutory system. It is a first class administrative system.
It is a statutory system. There is a statutory right of appeal in social welfare cases. It is in the social welfare legislation.
It is an administrative scheme which operates very effectively.
It is statutorily based.
The planning group is in the process of finalising its report to me. I will announce the steps I will take following on that report. It will be with me very shortly and I see no difficulty in that regard. I will act swiftly on the report as soon as it comes to me. It is being finalised at present.
