I do not propose to comment on the details of an individual case or on the amount of costs associated with such a case. However I would like to make some comments on the issue of litigation and children with special educational needs in general.
Neither I nor my Department take lightly any decision to defend cases concerning children with special educational needs. Cases are generally only litigated where no potential settlement is acceptable to both sides and the Government's authority to decide issues of policy is in question. The State has an obligation under the Constitution to provide for primary education. In the context of children with special educational needs, that education must be appropriate to their requirements. The State decides on an appropriate form of provision, having regard to the advice available to it from relevant experts in the National Educational Psychological Service, the National Council for Curriculum and Assessment, the inspectorate and independent experts. The Department is not complacent in dealing with these cases and attempts, wherever possible, to reduce the potential for litigation and the levels of legal costs where they arise.
People are free to sue the State where they wish to do so. When this happens, it is clearly proper and appropriate that the State should have available to it the necessary legal advice to make an informed decision on whether it should defend or settle litigation. Settlement of a case requires the agreement of both parties and in circumstances where one party is unwilling to settle then a case will proceed to hearing of the issues in question.
The number of cases taken against the State has shown a downward trend in recent times which can be partly attributable to the substantial increase in resources. It is my belief that the establishment of the National Council for Special Education will further assist the reduction in litigation cases in providing, through its special education needs organisers, SENOs, a more focused and local response to individual needs.
Finally the Deputy will be aware that provision of speech and language therapy and occupational therapy are the responsibility of the HSE. I would like to reiterate my commitment to the issue of special needs education and, in co-operation with the National Council for Special Education and the education partners, ensure that all children with special educational needs are adequately resourced to enable them to meet their full potential.