MAY 21 2008

Parliamentary Questions

• Implementation of the Education for Persons with Special Educational Needs Act 2004
• Provision of places in all Schools for Children with Special Needs
• Assessments at St. Finbarr’s Hospital, Cork
• People with an Intellectual Disability who are Resident in Psychiatric Hospitals
• Progress on Carers Strategy
• Citizens Information Board and Development of Advocacy

PARLIAMENTARY QUESTIONS

• Implementation of the Education for Persons with Special Educational Needs Act 2004

Deputy David Stanton (FG): asked the Minister for Education and Science, further to Parliamentary Questions Nos. 62 and 63 of 13 November 2007, when the Special Education Appeals Board will be operational; if he has concluded developing proposals for the implementation of the Education for Persons with Special Educational Needs Act 2004; when he expects the Act to be implemented in full.

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, a number of sections of the Education for Persons with Special Educational Needs (EPSEN) Act, 2004 have been commenced, principally those establishing the National Council for Special Education (NCSE) and those promoting an inclusive approach to the education of children with special needs. Specifically, the following sections have been commenced — 1, 2, 14(1)(a), 14(1)(c), 14(2) to 14(4), 19 to 37, 40 to 53. The Special Education Appeals Board (SEAB) was established in April 2007, under section 36 of the EPSEN Act 2004, to hear and determine appeals pursuant to a number of sections of the Act. The Board comprises a Chairperson and two ordinary members, each of whom have a special interest in, or knowledge of, education and in particular the education of persons with special educational needs. The Board is continuing to identify the resources and processes it will need to put in place to ensure that it will be ready to fulfil its role once the relevant sections of the Act are commenced. As part of the associated extensive research process the board is being supported by a research consultancy group. When the Education for Persons with Special Educational Needs Act, 2004 was enacted it was recognised that implementation would require a considerable change agenda, in order to further develop and support inclusive schools as the cornerstone of special education needs provision. The National Council for Special Education was required under the Act to make a report on the implementation of the Act. Following consideration of the issues raised in the Council’s implementation plan, and the consultations to date with the Education Partners, it is envisaged that the five year timeframe to 2010 acknowledged in the legislation is the appropriate period in which to implement the provisions of the Act in full. My Department is now at an advanced stage in finalising proposals on this basis to facilitate implementation of the remaining sections, including the provisions in respect of assessment and individual education plans (IEP). The time taken to finalise proposals reflects the complexities involved, the need for consultation across the wide range of people and sectors involved, the need to align with the requirements of the Disability Act, 2005 and define how the Health Service Executive (HSE) and NCSE will work together under both acts. A Cross-Sectoral Team, comprising representatives from my Department, the Department of Health and Children, the NCSE and the HSE, is currently developing operational protocols to outline how the two sectors will interact in accordance with the legislative framework. All parties are approaching this work with a view to determining how the assessment of need and education/health planning process can be aligned in the best interests of people with disabilities and their families. It is envisaged that these protocols will be finalised shortly. As the EPSEN Act does not provide for phased commencement by age cohort the education sector must be in a position to provide the required services to all children before the relevant provisions are commenced. My Department’s priority, therefore, is to ensure that the necessary training, guidance and supports are in place to facilitate the commencement of the remaining sections of the Act. In parallel with these processes, my Department has also advanced a number of areas relevant to the implementation of EPSEN:

• Proposals for pre-school services developed

• Establishment of the Standards Body

• Recruitment of additional staff for the Council and staffing review of the NCSE

• Appointment of Chairperson and members to the Special Education Appeals Board

• Recruitment of educational psychologists

• Review of the scheme for commissioning private assessments

• Publication of agreed standards for assessment

• Contributing to assessments under the Disability Act

It must also be acknowledged that, during this necessary period of preparation and planning for the roll-out of the EPSEN Act, my Department continues to expand capacity and services for students with special educational needs across the schools network through the work of the National Council for Special Education.

• Provision of places in all Schools for Children with Special Needs

Deputy Ruairí Quinn (L): asked the Minister for Education and Science the action he proposes to ensure that all primary and secondary schools provide places for children who have a learning disability or a special need, such as the children of immigrant families, and so avoid the emerging apartheid culture at present in the school system here;

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware of this Government’s commitment to ensuring that all pupils, including those with special educational needs, can have access to an education appropriate to their needs preferably in school settings through the primary and post-primary school network. There are now over 19,000 staff in our schools working solely with children with special needs. This includes almost 10,000 Special Needs Assistants (SNAs) — compared with just 300 in 1997. There are also over 7,800 resource and learning support teachers — compared with about 2,000 in 1998. More than 1,100 other teachers support children in our special schools, while hundreds more work in special classes. As well as this significant increase in the numbers of additional teachers and SNAs directly providing appropriate education and care supports for children with special educational needs, much investment has taken place in the provision of transport, specialist school accommodation, home tuition, assistive technology and equipment. Schools are therefore being supported to enable them to cater for children with special educational needs. The provision of appropriate educational intervention and supports for children with special educational needs will continue to be a key Government priority. To meet the needs of migrant pupils for whom English is a second language, English Language Support Teachers have been appointed to primary and post-primary schools. There are now just under 2,000 language support teachers in the schools at a cost of €120 million per annum. Schools with fewer than the 14 such pupils needed to qualify for one support teacher are provided with financial resources to assist them. The National Council on Curriculum and Assessment has developed Intercultural Guidelines, one for primary schools and one for postprimary schools, to support teachers and schools in developing a more inclusive learning environment and in providing students with the knowledge and skills they need to participate in an intercultural world. There are also resources available specifically for English Language Support Teachers and other resources for the whole school team. A number of research projects are also underway. The Inspectorate is conducting an evaluation of the provision of English as an Additional Language (EAL) in a number of primary and post-primary schools in 2008 and 2009. A report will be prepared for mid 2009. The Economic and Social Research Institute (ESRI) is undertaking a large-scale study into how an increasing diversity of students impacts upon resource requirements and day to day teaching and learning in primary and post-primary schools. It is expected that this review will be completed in autumn 2008. The Department of Education and Science has agreed to become involved in the OECD thematic review of migrant education policy and practice at pre-school, primary and post-primary, which will be carried out by a team of OECD experts. It is expected that the OECD report will be completed by autumn 2009. The findings of this research work will evaluate current provision and will inform me on ways, where such are indicated, to improve the standard of English language education for migrant pupils in primary and post- primary schools. The Deputy will be aware that it is the responsibility of the managerial authorities of schools that are not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Education Act. In this regard a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. In formulating an admissions policy a school must, however, ensure it is lawful. In particular, it must act in accordance with section 7 of the Equal Status Act 2000. Where a Board of Management refuses to enrol a student in a school, the parent of the student or, where the student has reached 18 years of age, the student himself or herself, following the conclusion of any appeal procedures at school level, has a statutory entitlement under section 29 of the Education Act to appeal that decision to the Secretary General of the Department of Education and Science. A committee is established to hear the appeal with hearings conducted with a minimum of formality. In most cases appeals must be dealt with within 30 days. Where appropriate, the Secretary General may give whatever directions to the Board of Management that are considered necessary to remedy the matter complained of. The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The NEWB can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700. The Deputy may be aware that my Department recently published a report of a major audit of school enrolment practice. The purpose of the audit, conducted by my Department’s Regional Office Service, was to examine the disparities that exist in schools in particular locations in relation to the numbers of pupils enrolled who are newcomers, have special educational needs or are from the Traveller community. Over half the primary and second level schools in the country were surveyed under the audit. I should emphasise that the statistical information presented requires cautious interpretation, particularly in the context of local factors that could be identified in many instances at primary level (e.g. a concentration of newcomer or traveller children living in a particular area impacting on enrolment in the nearest school). When interpreted in that context, the statistical information returned does not point to enrolment problems on a system wide scale. It does, however, identify a number of school clusters where the evidence points to some schools assuming more responsibility for enrolling children of all backgrounds and needs within their local community, than others. In order to ensure that no schools are directly identified and to ensure that “league tables” for particular areas could not be formed, the published information excludes the names and addresses of schools, but groups them within geographical clusters for comparison purposes. My predecessor has written to the main partners in education setting out some areas for consideration in order to facilitate an informed consultation with the education partners about possible policy measures available to ensure that all schools are welcoming and inclusive to all children of all needs in their own local community. Finally, the Deputy may wish to note that I will host a Conference on the Governance Challenge for Future School Needs on 27th June 2008 in the Royal Hospital Kilmainham to consider the implications of new societal diversity on the future organisation of primary schools. It will be an opportunity for each of the main patron bodies to outline their vision of how the system needs to collectively evolve to respond to the changing circumstances. The Conference will focus on the particular challenges of ethos and inclusion for patron bodies, under both the new and existing patronage models, in ensuring that the system is appropriately attuned to future demands. The long term challenges of organising and developing our system of school governance to accommodate new parental demands and aspirations will be subject to consideration. The Conference will also deal with issues of capacity, choice, ensuring inclusion and the implications for enrolment policies.

• Assessments at St. Finbarr’s Hospital, Cork

Deputy Ciarán Lynch (L): asked the Minister for Health and Children if her attention has been drawn to the practice whereby children on the waiting list in the DCD unit at St. Finbarr’s Hospital, Cork are given priority if they are in a position to privately obtain psychological and occupational therapy assessments; her views on whether this practice is unfair to children who have waited up to two years for assessment; if her attention has been drawn to the fact that in the DCD unit at St. Finbarr’s Hospital, Cork, most occupational therapy intervention will be offered in group settings which will not benefit those children who need one-to-one therapy or those with sensory integration difficulties;

Minister of State at the Department of Health and Children (Deputy John Moloney): As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional €75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5’s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements. The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further €50m investment which was announced in the 2008 Budget. The Deputy’s specific questions relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

• People with an Intellectual Disability who are Resident in Psychiatric Hospitals

Deputy Kathleen Lynch (L): asked the Minister for Health and Children the number of people with an intellectual disability who are resident in psychiatric hospitals; the proposals in place to move those people to more appropriate accommodation; the time-frame for this to happen;

Minister of State at the Department of Health and Children (Deputy John Moloney): The National Intellectual Disability Database, (NIDD), report for 2007 identified 329 individuals with intellectual disability, all aged 20 years or over, as being accommodated in psychiatric hospitals. It should be noted that registration on the NIDD is voluntary. An integral part of the National Disability Strategy is the Multi-Annual Investment Programme, (MAIP), announced in the 2005 Budget, which provides €900m for the period 2006 to 2009. MAIP contains specific commitments in relation to the provision of specific high priority disability services over the period 2006 to 2009. MAIP commitments include the development of new residential, respite and day places for persons with intellectual disability and autism in each of the years covered by the programme as well as the transfer of persons with intellectual disability/autism from psychiatric hospitals and other inappropriate placements. The Deputy’s specific question in relation to the proposals and time-frame to move those individuals to more appropriate accommodation relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

• Progress on Carers Strategy

Deputy Olwyn Enright (FG): asked the Minister for Social and Family Affairs the progress with the programme for Government commitment to develop a national carers strategy and that there will be appropriate consultation with the social partners;

Minister for Social and Family Affairs (Deputy Mary Hanafin): The development of a National Carers’ Strategy is a key Government commitment in both the national partnership agreement “Towards 2016” and the Programme for Government. A working group, chaired by the Department of An Taoiseach, has begun work on developing the strategy. My Department provides the secretariat to the working group which also includes representatives of the Departments of Finance, Health and Children and Enterprise, Trade and Employment as well as FÁS and the Health Service Executive. To date the working group has held three meetings, in February March and April. Developing the strategy involves consultation with other government departments and bodies not represented on the working group. Officials of The Department of Social and Family Affairs have met with a wide range of organisations including the Equality Authority, Combat Poverty Agency, Citizen’s Information Board, the National Council on Ageing and Older People, the Office of the Revenue Commissioners, the Department of Environment, Heritage and Local Government and the National Disability Authority. A request for submissions from the public was published in regional newspapers in early March. The closing date for submissions was Friday 18 April 2008. There was a good response from individuals and organisations and the submissions received are currently being examined. “Towards 2016” commits the Department to hosting an annual consultation meeting of carer representative groups and relevant departments and agencies. Such a meeting was held on 23 January 2008. Representatives of 12 groups and 9 government departments and bodies attended. The theme was the National Carers’ Strategy and groups were given an opportunity to comment on the draft terms of reference and to raise other issues considered relevant in the context of the strategy. It is intended that a further meeting with carer groups will be held in early summer. The commitment to the development of a National Carers’ Strategy also includes a commitment to appropriate consultation with the social partners. An update in relation to the strategy was provided to the social partners plenary session in February. The first of two consultation meetings with the social partners was held on 8 May 2008. Key issues raised were recognition for carers and their work, access to suitable health services, income support, training, gender issues and balancing employment and care. It is intended to publish the strategy later this year.

• Citizens Information Board and Development of Advocacy

Deputy Olwyn Enright (FG): asked the Minister for Social and Family Affairs the progress with the programme for Government commitment to invest further in the citizens information board to enable it to engage advocacy officials to assist people with disabilities in accessing their entitlements;

Minister for Social and Family Affairs (Deputy Mary Hanafin): The development of advocacy services for people with disabilities remains a priority for my Department. In order to expand advocacy provision for people with disabilities the Citizens Information Board began a process in 2004 of engaging the community and voluntary sector in the provision of advocacy services to people with disabilities. In this regard funding of €1million was allocated to the Citizens Information Board in 2005 to enable the introduction of the new service. An additional €1.4 million was allocated in 2006 to develop the work further and €1.9 million was allocated in 2007 for the development of a Personal Advocacy Service and for the implementation of the Disability Sectorial Plan. In line with the commitment to invest further in the Citizens Information Board, funding of €1.8 million was provided in 2008 for service developments which include advocacy services, bringing funding to €6.1 million for 2008. The Community and Voluntary Sector Advocacy programme has to date developed and funded 47 advocacy projects. The Citizen Information Board is monitoring the programme to ensure that the projects are operating in accordance with the Board’s advocacy guidelines. It is planned to undertake a full evaluation of the Community and Voluntary Sector Advocacy programme in 2010. An organisational structure has been developed by the Citizens Information Board to meet the needs of the Personal Advocacy Service (PAS). The appointment to the new post of Director of PAS will be made shortly and the service will be launched when the Director has taken up the position, recruited the staff and is satisfied that the structures, resources and facilities are in place to allow the service to commence operation. The Personal Advocacy Service (PAS) will then be subject to continuing review when operational. The further investment in the Citizens Information Board’s advocacy programmes and PAS will depend on the outcome of the evaluation and review and the level of demand for advocacy services.

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