Dáil Éireann Debate, Tuesday - 28 April 2026
641. Deputy John Brady asked the Minister for Education and Youth to provide a full breakdown of legal costs and court settlements in cases involving families seeking appropriate school places for children; and if she will make a statement on the matter. [31278/26]
View answerI wish to reassure the Deputy that my department never initiates legal action in relation to special school placements. My department’s aim is that no parent ever has the need to take a case against the State, and where this happens, we continue to work with parents to ensure that solutions are found as quickly as possible. The facts demonstrate that most cases are resolved or withdrawn, outside the legal process and that children are supported.
When a legal case is initiated, the State is legally required to respond, and we apply the Attorney General’s guidance to find solutions as early as possible.
I remain mindful of the impact that cases like these can have on everyone involved and are committed to progressing these matter’s respectfully and in line with guidance from the office of the Attorney General.
My department reiterates its unwavering commitment to working with parents, schools, the NCSE and all stakeholders to continue to improve access to appropriate special education places and supports.
My department may be advised to compromise proceedings, in order to minimise the cost to the exchequer and safeguard the Department's policy and resource parameters (based on Counsel/AGO advices). This may include the payment of total Legal Costs (or a contribution to same) and/or an ex-gratia (Court Settlement) contribution sum to the applicant/plaintiff.
These figures requested in respect of all litigation matters, from 2024 to date, are as follows (rounded):
|
2026 (to date) |
€165,000 |
|
2025 |
€251,000 |
|
2024 |
€660,000 |
