19 April 2011

Parliamentary Questions

• 2001 Task Force on Autism
• Current process for Disability Allowance
• Future allocation of SNAs
• Allocation of Resource Teaching
• Number of Education Psychologists employed in 1996 vs. 2011
• Changes to Government Departments
• Partial capacity benefit scheme
• Refusal rates for Domiciliary Care Allowance

PARLIAMENTARY QUESTIONS

• 2001 Task Force on Autism

Deputy Peter Mathews (FG): asked the Minister for Education and Skills    his plans to make a start on the implementation of the 2001 Government task force report on autism;

Minister for Education and Skills (Deputy Ruairí Quinn):  The Deputy will be aware that in its October 2001 report, the Task Force on Autism made many recommendations concerning broad educational provision for children on the autistic spectrum from pre-school through to third level. I am pleased to advise the Deputy that these recommendations have provided a basis for the development of educational services and supports for children with autism including the establishment of a range of options for children with autism spectrum disorders, training for teachers in autism-specific approaches and interventions and early educational intervention. In responding to the recommendations, my Department has given priority to implementing the core legislative and structural measures required to underpin service development and delivery. My Department’s policy is focused on ensuring that all children including those with autism can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes, fully qualified professional teachers who may draw from a range of autism-specific interventions, special needs assistants, and the appropriate school curriculum with the option where possible of full/partial integration and interaction with other pupils. As each child with autism is unique it is important that children have access to a range of interventions so their broader needs can be met. For example some children may be supported in a special class attached to a mainstream school. These students have the option, where appropriate, of full/partial integration and interaction with other pupils. Other children may have such complex needs that they are best placed in a special school. Students with special educational needs have access to a range of support services including additional teaching and/or care supports. In special schools and special classes, students are supported through lower pupil teacher ratios. Special needs assistants may also be recruited specifically where pupils with disabilities and significant care needs are enrolled. Reflective of the important role of continuing professional development and as recommended by the Task Force on Autism my Department has put in place a training programme for teachers in autism-specific interventions including Treatment and Education of Autistic Communication Handicapped Children (TEACCH), Picture Exchange Communications System (PECS) and Applied Behaviour Analysis (ABA) through the Special Education Support Service.

• Current process for Disability Allowance

Deputy Clare Daly (SP): asked the Minister for Social Protection her views on the current procedure for claiming disability allowance, whereby claimants have to send their private medical records to a general address at the disability allowance department for their claim to be assessed, instead of attending a doctor appointed by the Department with their medical records and having their claim assessed on that basis; the percentage of disability claims that are denied; the percentage of denied claims that are appealed; the length of time the appeal process takes; the percentage of denied claims accepted during the appeals process; the percentage of all claims that are actually seen by a doctor; her plans to cut the initial waiting time for a decision to be made, which now stands at approximately five months;

Minister for Social Protection (Deputy Joan Burton):  Disability allowance is a weekly allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year. To qualify, a claimant must satisfy a medical assessment, a means test and be habitually resident in the state. The current procedure for determining if applicants satisfy the medical condition is that claimants submit a medical report completed by their doctor. The medical report is integrated into the application form for disability allowance. The medical report is desk assessed by medical assessors (MAs) who are qualified doctors employed by the department. This process involves the examination by a MA of all general practitioner and consultant reports provided on and with the application form. Following examination of all the available medical evidence, the MA provides a medical opinion of the claimant’s eligibility for the scheme to a deciding officer. The deciding officer uses this opinion to assist in the decision as to a claimant’s eligibility for disability allowance, taking account of the other eligibility criteria mentioned – income levels and residency. All applications are desk assessed by a fully qualified doctor. However, in very exceptional circumstances, the medical assessor may decide that an in-person examination is required. In 2010, the number of disability allowance applications disallowed was 10,316. This represents 54% of all new disability allowance claims decided in 2010 and includes claims disallowed on income and residency grounds. Statistics are not kept of the numbers disallowed solely on medical grounds.

As regards appeals, the social welfare appeals office (SWAO) dealt with a total of 2,786 appeals in 2010. Of these, 2,074 cases involved a refusal on medical grounds although there may have been multiple grounds for the refusal. Of these 2,074 cases, 861(41%) were allowed, 1,196(58%) were disallowed and 17(1%) were partially allowed. The average time taken to process disability allowance appeals decided by summary decision during 2010 was just under 31 weeks. The average time taken to process all disability allowance appeals involving oral hearings was just over 51 weeks. These processing times are calculated from the registration date of the appeal to the date of its finalisation. The times reflect all activities during this period including time spent by the Department providing comments by the deciding officer on the grounds of appeal put forward by the appellant, any further investigation by the Department’s inspectors and any further examination or assessment by the Department’s MAs that is deemed necessary in order to fully consider the appeal. A considerable period of time is added to the process when an oral hearing is required because of the logistics involved in this process.

As regards the processing of disability allowance claims, the processing time for individual claims may vary in accordance with their relative complexity in terms of the three main criteria which a claimant must fulfil in order to qualify. Certain claims have to be referred to social welfare inspectors for means investigation and this can add to the overall processing times. In addition, factors outside the Department’s control can have an impact, for example, the supply of relevant information by the customer, employers or other third parties.

The average length of time to award a disability allowance claim in March 2011 was 16 weeks. People who have urgent income support needs while awaiting a decision on their DA claim can apply for the means tested supplementary welfare allowance (SWA) from their local Community Welfare Officer. The Department is committed to delivering the best possible service to its customers. Operational processes and procedures and the organisation of work are continually reviewed in all areas of the Department, including disability allowance section, to ensure that claims are processed and decided in the most efficient and expeditious way possible, having regard to the eligibility conditions that apply to each scheme.

• Future allocation of SNAs

Deputy Dominic Hannigan (L): asked the Minister for Education and Skills    if there is a timeline for the review of the allocation of special needs assistants hours currently under way between him and the National Council for Special Education; the length of time the current pause on sanctioning additional resource teaching support hours will be in place; his plans for the academic year 2011-12 with regard to SNA support in schools;

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 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. This number is 10,575 whole time equivalent (WTE) posts. This is a significant number of posts and unlike other areas of the public sector vacancies are being filled up to this number. It also represents continual increases in the number of SNAs over recent years. For example, there were 10,543 WTE SNA posts in place at the end of 2010 and 10,342 at end 2009. It is considered that with equitable and careful management and distribution of these resources that there should be sufficient posts to provide access to SNA support for all children who require such care support to attend school, in accordance with Departmental criteria. 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 Special Needs Assistant 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.

My Department and I will be glad to consider any suggestions from school management or parent representative organisations as to how the allocation of SNA resources can best be managed within the context of the overall limit on SNA numbers established. In this regard I am committed to making whatever improvements are possible to the resource allocation system. In respect of the allocation of Resource Teaching hours, the Department of Education and Skills (DES) is required to ensure that the overall allocation of teaching posts does not exceed the targets set out in the Governments Employment Control Framework. The DES had planned for a certain amount of increased growth in teacher numbers across the school sector in 2011, in line with increased demographic growth. In respect of resource teaching hours for children with special educational needs, allowance was made for growth in 2011 over and above normal demographic increase levels. In 2010 the total number of Whole Time Equivalent (WTE) posts provided for resource hours teaching (including under the General Allocation Model) was approximately 9,600 WTE posts. By comparison approximately 9,950 WTE posts are provided for 2011. There has therefore not been a reduction in the overall number of resource hours/posts being provided for in 2011. The DES requested the National Council for Special Education (NCSE) to provide data on the numbers and rate of application for additional resource teaching hours to date this year so that this information can be considered in the context of the Department’s Employment Control Framework obligations. The NCSE has also been asked to pause sanctioning additional resource teaching support hours to allow for collection and consideration of this data by the DES, in conjunction with the NCSE. It should be noted that this is a temporary suspension of the allocation process in order to allow for consideration and analysis of this issue prior to any decisions being made.

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 is 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 Department’s 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, either though the General Allocation Model or existing Learning Support provision.

• Allocation of Resource Teaching

Deputy John Lyons (L): asked the Minister for Education and Skills    if his attention has been drawn to a situation regarding the resource allocation of a school (details supplied) and the way it is likely to lead to a number of students with mild general learning difficulties being taught in general class as of September 2011;

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 teaching hours to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. In respect of the allocation of Resource Teaching hours, the Department of Education and Skills (DES) is required to ensure that the overall allocation of teaching posts does not exceed the targets set out in the Governments Employment Control Framework. The DES had planned for a certain amount of increased growth in teacher numbers across the school sector in 2011, in line with increased demographic growth. In respect of resource teaching hours for children with special educational needs, allowance was made for growth in 2011 over and above normal demographic increase levels. In 2010 the total number of Whole time Equivalent (WTE) posts provided for resource hours teaching (including under the General Allocation Model) was approximately 9,600 WTE posts. By comparison approximately 9,950 WTE posts are provided for 2011. There has therefore not been a reduction in the overall number of resource hours/posts being provided for in 2011. My Department has requested the NCSE to provide data on the numbers and rate of application for additional resource teaching hours to date this year so that this information can be considered in the context of the Departments Employment Control Framework obligations. The NCSE has also been asked to pause sanctioning additional resource teaching support hours to allow for collection and consideration of this data by the DES, in conjunction with the NCSE. It should be noted that this is a temporary suspension of the allocation process in order to allow for consideration and analysis of this issue prior to any decisions being made.

The NCSE issued a Circular to schools advising them that the final date for schools to submit any outstanding, completed, applications for resource teaching supports is 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.

Applications for resource teaching for any new entrants to the school referred to by the Deputy will be considered in the context outlined above. The school should submit all of its applications for resource teaching supports to the NCSE by 13th May 2011, so that the overall resource allocation for the school can be considered for September. In the interim, children who are eligible for resource/ learning support teaching will receive this tuition through the existing learning support provision in schools.

• Number of Education Psychologists employed in 1996 vs. 2011

Deputy Brendan Smith (FF): asked the Minister for Education and Skills    if he will detail the number of full-time equivalent educational psychologists employed in the 1996/97 school year and in the current school year; and the number of pupils receiving an assessment in each of those years.

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). Schools that do not currently have NEPS psychologists assigned to them may avail of the SCPA, whereby the school can have an assessment carried out by a member of the panel of private psychologists approved and paid for by NEPS.  By way of background, NEPS, in common with many other psychological services and best international practice, has adopted a consultative model of service. The focus is on empowering teachers to intervene effectively with pupils whose special needs range from mild to severe and transient to enduring. Psychologists use a problem solving and solution focused consultative approach to maximize positive outcomes for these pupils. NEPS encourages schools to use a continuum based assessment and intervention process whereby each school takes responsibility for initial assessment, educational planning and remedial intervention for pupils with learning, emotional or behavioural difficulties.

Teachers may consult their NEPS psychologist should they need to at this stage in the process. Only in the event of a failure to make reasonable progress, in spite of the school’s best efforts in consultation with NEPS, will the psychologist become involved with an individual child for intensive intervention. This system allows psychologists to give early attention to urgent cases and also to help many more children indirectly than could be seen individually. It also ensures that children are not referred unnecessarily for psychological intervention. Prior to 1999 an educational psychology service was provided to schools by Inspectors of Guidance & Counselling as part of my Department’s Inspectorate Division. In 1995/96 some 4 whole-time equivalent (w.t.e.) Senior Inspectors and 35.5 w.t.e Inspectors were employed in this capacity. It is not known how many assessments would have been undertaken by these officers in 1995/96 but the focus of the service and the context in which it operated was essentially different to that which pertains currently with particular attention being paid to the support of guidance counsellors in post-primary school and a more limited engagement with primary schools.

NEPS was established in 1999 and currently NEPS employs 174 (167.3 w.t.e.) psychologists at Director, Regional Director, Senior Psychologist and Psychologist grades. The figures for the number of named pupils referred to the service in the current year are not yet available as such referrals are still ongoing. In the previous academic year some 7,888 referrals were undertaken by NEPS 149.4 w.t.e. psychologists and an additional 2,400 referrals catered for under the SCPA referred to previously. Additionally NEPS psychologists offer general advice and guidance on unnamed pupils and it is estimated that a further 7,500 pupils would have so benefitted from this input in that year. NEPS psychologists also made recommendations on applications from some 4,100 students under the Reasonable Accommodation for Certificate Examinations on behalf of the State Examinations Commission and assisted in almost 100 critical incidents (instances of trauma connected with schools) at the behest of school authorities.

• Changes to Government Departments

Deputy Dara Calleary (FF): asked the Minister for Finance when the legislative steps will be taken to allow for the proposed changes to the structure of Government Departments.

Minister for Finance (Deputy Michael Noonan):  At this stage, I cannot give the Deputy a precise date for the completion of all of the changes to the structures of Government Departments which were announced by the Taoiseach on 9 March as this depends on a number of factors, including the complexity of the legislation governing the particular functions that are to be transferred. The process of transferring functions from one Department to another is generally carried out by means of Government Orders under powers contained in section 6(1) of the Ministers and Secretaries (Amendment) Act 1939. In, some cases, however, primary legislation is required.

Each Order is carefully drafted so that the Schedule to the Order lists all the relevant legislation where responsibility for the function is being transferred to a different Minister and Department. The relevant Departments have been fully engaged in this task since the Taoiseach’s announcement. Orders to implement the majority of the changes have already been made and include the following. Orders made on 29 March:

The Government made an Order transferring responsibility for the functions of the Minister for Community, Equality and Gaeltacht Affairs in relation to Equality, Integration, Disability and Human Rights to the Minister of Justice and Law Reform with effect from 1 April 2011.

A second Order was made to change the title of the Minister for Justice and Law Reform to the Minister for Justice and Equality and a similar name change for the Minister’s Department, with effect from 2 April 2011.

On the same date an Order transferring responsibility for the functions of the Minister for Tourism, Culture and Sport in relation to Tourism and Sport to the Minister for Transport with effect from 1 April 2011 was made.

A further Order was made to change the title of the Minister for Transport to the Minister for Transport, Tourism and Sport and a similar name change for the Minister’s Department, with effect from 2 April 2011.

Orders made on 5 April :

On 5 April the Government made Orders to transfer the functions of the Minister for Community, Equality and Gaeltacht Affairs in relation to

Marine Tourism to the Minister for Agriculture, Fisheries and Food,

the National Drugs Strategy to the Minister for Health and Children,

Social Inclusion to the Minister for Social Protection,

Gaeilge, Gaeltacht and the Islands to the Minister for Tourism, Culture and Sport.

Each of these transfers will come into effect on 1 May 2011.

Orders made on 19 April:

Yesterday the Government made Orders transferring the Heritage functions from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport with effect from 1 May 2011.

A further Order was made to change the name of the Department to the Department of the Environment, Community and Local Government with effect from 2 May 2011.

The Taoiseach also signed Orders yesterday to transfer further functions from the Minister for Community, Equality and Gaeltacht Affairs. These functions included the ‘Community’ functions, Waterways Ireland and the ‘Charities’ functions.

When all relevant functions have transferred from the Department of Community, Equality and Gaeltacht, the structure of that Department will be utilised to establish the Department of Children and Youth Affairs. In due course, the Government will be asked to agree to An Alteration of Title and Change of Name Order which will change the name of the Department to the Department of Children and Youth Affairs. Further Orders will then be made to transfer functions into the new Department.

It is envisaged that the Department of Children and Youth Affairs will comprise:

The functions of the Office of the Minister for Children and Youth Affairs (including co-location of the Early Years Education Unit from the Department of Education and Skills)

Irish Youth Justice Service, transferring from the Department of Justice and Equality.

Functions of the Minister for Education and Skills regarding the National Educational Welfare Board.

Family Affairs and the Family Support Agency (currently part of the Department of Community, Equality and Gaeltacht Affairs). A review of the legislation covering the functions transferring into the Department of Children and Youth Affairs is ongoing.

The Department of Public Expenditure and Reform will be established by primary legislation. Work has commenced on the Ministers and Secretaries (Amendment) Bill 2011. This work is being given top priority in my Department and in the Office of the Attorney General. Initial legal advice from the Office of the Attorney General suggests that the transfer of the Irish Coast Guard from the Department of Transport, Tourism and Sport to the Department of Agriculture, Fisheries and Food (which will subsequently be renamed the Department of Agriculture, Food and the Marine) cannot proceed in full without primary legislation. The Department of Transport, Tourism and Sport is awaiting written legal advice to this effect.

There are a number of other Transfer of Functions/Alteration of Name of Department and Title of Minister Orders currently with the Office of the Parliamentary Counsel and these will be brought to Government in May. I can assure the Deputy that everyone involved in the process, both in my own Department and in the other Departments concerned, is making every effort to complete all of the changes at the earliest possible date.

• Partial capacity benefit scheme

Deputy John Browne (FG): asked the Minister for Social Protection when she will sign into law the approval for persons with long-term disabilities to do work and retain social welfare benefits when it is medically advantageous to them.

Minister for Social Protection (Deputy Joan Burton):  The legislative basis which provides for the introduction of the partial capacity benefit scheme is contained in the Social Welfare (Miscellaneous Provisions) Act, 2010, which was enacted by the Oireachtas in December 2010. The specific provision is subject to a Commencement Order. The introduction of the partial capacity benefit scheme will mark a key development of the social welfare system. The scheme recognises that the current structure of the welfare system, which categorises people as ‘fit to work’ or ‘unfit to work’, does not reflect the reality for many existing welfare customers. It will provide an opportunity for people with disabilities, and assessed to have an employment capacity which is restricted when compared to the norm, to avail of employment opportunities while continuing to receive an income support payment. A programme of work is currently underway to cater for the new scheme. This includes the preparation of Regulations, as required by legislation, to cover, amongst other things, the medical protocols which will determine eligibility for the scheme; the rates of payment; the development of the necessary medical criteria against which partial employment capacity will be assessed; and the development of the necessary processes and information technology systems to process claims. Every effort is being made to complete these necessary steps as soon as possible in order to allow for the formal introduction of the scheme at the earliest possible date.

• Refusal rates for Domiciliary Care Allowance

Deputy Jerry Buttimer (FG): asked the Minister for Social Protection if children with autism spectrum disorder are eligible for the domiciliary care allowance; if there were any changes to the eligibility criteria for the domiciliary care allowance when it was transferred from the Health Service Executive to the Department of Social Protection; the refusal rate for the domiciliary care allowance when it was assessed by the HSE in 2008; the refusal rate for the domiciliary care allowance assessed by her in 2010; the percentage of refusals of the domiciliary care allowance overturned on appeal; the set criteria to determine if a child is eligible for the domiciliary care allowance and the most common grounds now for refusal of the domiciliary care allowance.

Minister for Social Protection (Deputy Joan Burton):  In order to qualify for Domiciliary Care Allowance (DCA) a child must be under 16 years, live at home with the person providing the care, be ordinarily resident in the state and must have a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age. This extra care must be likely to be required for at least 12 months.

Eligibility for DCA is not based on the type of impairment or disease, but on the resulting lack of function of body or mind which means that the child needs extra care and attention. No condition or disability automatically qualifies a child for DCA, nor does any disability automatically rule out a claim as each case is individually assessed on its own merit. The most common reason for refusal of DCA is that the child does not satisfy the medical requirement in relation to the level of extra care and attention required. The eligibility criteria for DCA are broadly the same as when the scheme was administered by the Health Service Executive. The main change to the scheme since it transferred to the Department is that it is now a statutory scheme while prior to the transfer the eligibility criteria was set out by way of a yearly circular from the Department of Health and Children. The refusal rate when the scheme was administered by the HSE is reported to have been approximately 20%, but as it was administered separately by each HSE area, consistency could not be guaranteed and the refusal rate varied considerably from area to area.

The current refusal rate on first application is approximately 60%. However this falls to 50% following reviews of applications undertaken as a result of additional medical information being supplied by the parents that was either not available or not submitted when the initial application was made. Of the 633 DCA appeals decided by the Social Welfare Appeals Office to December 2010, 38% were allowed.

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