18 May 2011

Parliamentary Questions

• SNA cuts
• High numbers of resual for Domiciliary Care Allowance
• Work experience scheme for people with disabilities
• Publish capacity bill
• Measures for vulnerable witnesses providing court testimony
• Numbers employed by NEPS

PARLIAMENTARY QUESTIONS

• SNA cuts

Deputy Finian McGrath (I): asked the Minister for Education and Skills the position regarding special needs assistants resource hours cuts (details supplied). Minister for Education and Skills (Deputy Ruairí Quinn):  I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. This now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts as well as a temporary suspension of the allocation of additional resource teaching support hours. In respect of SNA support, the NCSE has issued a circular to all schools advising of the allocation process for the 2011/2012 school year. A key feature of the amended scheme will be to provide for an annual allocation of SNA support to eligible schools. The NCSE asked schools to submit all applications for SNA support to them by 18th March, 2011 and intend to inform schools of their annual SNA allocation as soon as possible, in advance of the coming school year. In respect of resource teaching support, the NCSE has issued a Circular to schools advising them that the final date for schools to submit any outstanding, completed, applications for resource teaching supports was 13th May 2011. On receipt of all outstanding applications the DES and NCSE will be in a position to consider resource allocation for the coming school year, in the context of the Departments Employment Control Framework obligations. Schools will be notified of their allocations as soon as possible. In the interim, children who are eligible for resource/ learning support teaching can receive this tuition through the existing learning support provision in schools. 

• High numbers of resual for Domiciliary Care Allowance

Deputy Michael Creed (FG): asked the Minister for Social Protection if she is concerned at a trend emerging regarding claimants for domiciliary care allowance who are being refused in substantial numbers initially but are successful on appeal; if she will review the instructions and guidelines under which her Department’s medical assessors are interpreting medical evidence in such applications; if she will expedite an application in respect of a person (details supplied) in County Cork which is presently being referred to the appeals office;

Minister for Social Protection (Deputy Joan Burton):  Eligibility for domiciliary care allowance is not based primarily on the medical or psychological condition, but on the resulting lack of function of body or mind necessitating the degree of extra care and attention required. Each application is assessed on an individual basis taking account of the evidence submitted. The Department uses a set of consistent and objective guidelines in determining the medical eligibility of children for the scheme. These guidelines were drawn up prior to the transfer of the scheme from the HSE in April 2009 by a group, chaired by the Department’s Chief Medical Advisor, comprising senior medical personnel from the HSE as well as eminent professionals in the areas of physical disabilities which affect children and child psychiatry and psychology. All claims are assessed by designated Departmental Medical Assessors who have received special training in Human Disability Evaluation. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed by a different Medical Assessor specially designated for this task. Where a person is not satisfied with the decision of a Deciding Officer, they may appeal the decision to the Social Welfare Appeals Office. Of the 5,333 applications processed in 2010, a total of 2,576 (48%) were allowed by a deciding officer. Of the 641 appeals finalised in 2010, 179 (28%) were successful. This figure is substantially lower than the average success rate on appeals across all the Department’s schemes and is an indication that the current application and assessment process is working in a fair and consistent manner. The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 10 March 2011. It is a statutory requirement of the appeals process that the relevant departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 12 March 2011 and the appeal will be referred, in due course, to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and the Department and is responsible for determining appeals against decisions on social welfare entitlements. 

• Work experience scheme for people with disabilities

Deputy Frank Feighan (FG): asked the Minister for Social Protection    if there is any scheme in place within his or any Department to allow a person with a disability to receive a placement of work experience when it is the recommendation of Rehab that a person be placed in a work environment to build their confidence and give them a sense of responsibility.

Minister for Social Protection (Deputy Joan Burton):  In the absence of specific information, it is assumed the question refers to a person with a disability who is leaving the National Rehabilitation Hospital in Dún Laoghaire and seeking to return to the open labour market. In such circumstances, the person with a disability should register with his or her nearest FÁS Employment Service Office for a vocational guidance interview. These offices are the gateway for all FÁS services. The listings and locations are available on the FÁS website, www.fas.ie. I will set out the options available for consideration. There are vocational training programmes for people with disabilities who wish to return to the open labour market. Work experience is an integral part of these programmes. Alternatively, if the person is job-ready and seeking employment, he or she should consider the FÁS Supported Employment Programme, which covers job-seeking and support a by Job Coach in securing employment and support in the workplace. In addition, the Work Placement Programme provides a nine-month work experience opportunity. It offers the participant the opportunity to gain on-the-job work experience while retaining his or her Social Welfare entitlement. All of the above are available through FÁS Employment Services. The onus is on the individual to engage directly with them. 

• Publish capacity bill

Deputy David Stanton (FG): asked the Minister for Justice and Equality    when he expects to publish the mental capacity Bill needed for ratification of the United Nations Convention on the Rights of People with Disabilities; the other legislative and administrative actions required for ratification;

Minister for Justice and Equality (Deputy Alan Shatter):  The Government Legislation Programme announced on 5 April 2011 indicates that the Mental Capacity Bill is expected to be published in late 2011. The Bill will reform the law on mental capacity taking into account the Law Reform Commission’s Report on Vulnerable Adults and the Law. The Bill will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity. It is the Government’s intention to ratify the UN Convention on the Rights of Persons with Disabilities (UNCRPD) as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. In the case of my Department, this is the enactment of the mental capacity legislation. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including the amendment of domestic law as necessary. The ongoing implementation of our National Disability Strategy in many respects already comprehends many of the provisions of the Convention. In addition, the Inter-Departmental Committee on the UNCRPD monitors the remaining legislative and administrative actions required to enable the State to ratify the Convention. The Committee has developed a programme on which work is progressing to address the matters that need to be aligned with the UNCRPD. 

• Measures for vulnerable witnesses providing court testimony

Deputy Pearse Doherty (SF): asked the Minister for Justice and Equality if measures adopted for vulnerable witnesses providing court testimony in this State are in accordance with the UN Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime;

Minister for Justice and Equality (Deputy Alan Shatter):  The Criminal Evidence Act 1992 contains a range of measures designed to protect vulnerable victims and witnesses. For example, section 16(1)(b), as amended, makes provision for the video recording of a statement made by a person under 14 years of age, or with an intellectual disability (in respect of whom a sexual offence or an offence involving violence is alleged to have been committed) during an interview with a member of An Garda Síochána or any other person who is competent for the purpose. It provides that such a video recording shall be admissible at a trial as evidence, provided that the person whose statement was video recorded is available at the trial for cross examination. I am informed by the Garda authorities that, given the need for sensitivity and confidentiality surrounding sexual crimes, there is a clear advantage from an investigative perspective both for An Garda Síochána and victims of such crimes in conducting such interviews away from Garda Stations. Dedicated interview suites have therefore been established in six strategically chosen locations throughout the State, which are used by An Garda Síochána to record interviews with such victims. Work is also nearing completion on the establishment of a further facility. The 1992 Act also provided the basis for evidence to be given through a live television link by a person under 17 years or a person with an intellectual disability in any case involving a sexual offence or one involving a threat of violence or attempted violence. While such evidence is being given except through an intermediary, neither the judge, nor the barrister or solicitor concerned in the examination of the witness, shall wear a wig or gown.Section 14(1) of that Act provides that, in the case types mentioned, where such persons are giving evidence, the court may, on the application of the prosecution or the accused, direct that questions be to a witness be put through an intermediary if satisfied that, having regard to the age or mental condition of the witness, the interests of justice require. Several of these special provisions were replicated in the Criminal Procedure Act 2010 in order that they would also apply when such witnesses are giving victim impact evidence at sentencing hearings. I am informed by the Courts Service that they comply with the relevant UN Guidelines in respect of child victims and witnesses of crime and provides the necessary video link facilities as required under the 1992 Act. Subject to approval by the Government, I expect to bring forward further measures to take the formality out of court proceedings for children and prevent any intimidation by the accused. 

• Numbers employed by NEPS

Deputy Michael McCarthy (L): asked the Minister for Education and Skills    the number of private psychologists who are currently registered on the panel for the scheme for commissioning psychological assessment; the number of psychological reports commissioned by parents under the scheme in 2009 and in 2010; the number of psychological reports from private practitioners in 2009 and 2010 which did not result in an application for a further service; the number of Irish primary schools who do not currently have a national educational psychological service; and the total number of psychologists employed directly by the National Educational Psychological Service. Minister for Education and Skills (Deputy Ruairí Quinn):  I can inform the Deputy that all primary and post primary schools have access to psychological assessments either directly through my Department’s National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA) which is administered by NEPS. Assessments are commissioned by the school authorities under the scheme and not directly by parents. Schools that do not currently have dedicated NEPS psychologists assigned to them have access to through the SCPA under which school authorities can commission assessments from a member of the panel of private practitioners approved by NEPS, and NEPS will pay the fees directly to the psychologist concerned. Private practitioners must satisfy a number of requirements for membership of the SCPA panel including, obviously, qualification to carry out the required educational psychological assessments. SCPA allows one assessment per 50 pupils enrolled in the school. Currently there are 77 private practitioners listed on my Department’s website on the SCPA panel. The scheme was introduced as an interim measure to provide this alternative service in advance of NEPS reaching its target complement of psychologist staffing and in the light of increases in that staffing in recent years SCPA has diminished in its extent. In the 2009/9 and 2009/10 academic years my Department processed claims for 2,917 and 2,593 assessments respectively. A fee of €306 is paid in respect of each assessment on receipt of relevant certification from the school authorities involved and in the academic years referred to above some €0.89m and €0.79 was expended by my Department in this connection. To date some 175 psychologists are currently directly employed within my Department’s NEPS service and an additional three are due to take up duties shortly. Some 80% of Primary schools, representing 88% of primary pupils, currently have a NEPS psychologist assigned. Psychological assessment takes a number of forms and is used for a number of purposes. The primary purpose of assessment by psychologists in schools is to identify the strengths and needs of pupils within the context of the school. The main outcome of such assessment is to advise and support teachers on appropriate interventions to address the needs identified. The interventions agreed may involve the utilisation of resources available to schools under the General Allocation Model or may be provided by means of additional resources applied for by the school through the National Council for Special Education.

Although NEPS has received, in the past two years just, copies of the reports furnished to schools on foot of the SCPA, this material is only used for the purposes of randomised quality control and NEPS has no overall information on the recommendations therein nor the resources that may have been forthcoming from the reports.

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