Millions of state money wasted on litigation

A report in The Irish Examiner revealed that the state spent EUR22m fighting court cases against parents seeking special needs education for their child.

Legal costs for such cases, involving the education and health departments against parents, stand at €19.2m since 2003, while settlements come to €2.7m.

These official figures were supplied to Fine Gael education spokesman Brian Hayes in parliamentary answers. Mr Hayes accused ministers of using heavy-handed tactics to scare parents.

“The Government has a history of trying to deliberately wrestle parents to the floor through the courts where those parents just want justice for their children.

“It is clear that, more often than not, parents have been dragged through the courts as the educational and health needs of their children are not being met by the Government.

“Instead of spending millions upon millions of public money fighting parents, the ministers would be better advised to put in place the supports needed and rightfully due to children with special needs,” he said.

Education Minister Mary Hanafin said 73 cases were active involving children with special educational needs, but only four had gone to a full court hearing since 2003 and three of those went in the department’s favour, while the other is still undecided.

“Neither I, nor my department, take lightly any decision to defend cases concerning children with special educational needs,” the minister said in a parliamentary reply to Mr Hayes.

She depended on advice from the National Educational Psychological Service, National Council for Curriculum and Assessment, and independent experts, she said.

Health Minister Mary Harney said her department was involved in 56 cases seeking access to education and health support services.  (Source: Irish Examiner)

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