Written answer
Departmental Legal Cases
525. Deputy Johnny Guirke asked the Minister for Education and Youth the number of legal actions relating to the provision of education supports that occurred in 2025; and if she will make a statement on the matter. [29699/26]
Comment on this
Enabling students with special educational needs to receive an education that meets their needs is a priority for this Government. It is also a key priority for me, my department and for the National Council for Special Education (NCSE).
The vast majority of students with special educational needs are supported to attend mainstream classes with their peers. Where students with more complex needs require additional supports, special class and special school places are provided. This is in keeping with policy on an inclusive education, which advocates that students will be supported to receive an education in the most inclusive setting possible.
My department and the NCSE continue to work closely with school patron bodies, school management bodies and schools to confirm new special classes for the next school year 2026/2027. The NCSE began sanctioning new special classes in January of this year, which is several months earlier than last year. 464 have been sanctioned to date and many more new special classes will be confirmed in the coming weeks.
Details of the new special classes are available on the NCSE website.
I recently announced the establishment of four new special schools for the upcoming school year 2026/2027; a vital step in ensuring that children and young people with special educational needs have access to the specialist supports and environment they need to thrive and reach their full potential.
The four new special schools will be located in Balbriggan and Citywest in Co. Dublin, Bray in Co. Wicklow, and Monasterevin in Co. Kildare.
I also announced last week that five inclusive special classes have also been sanctioned as part of a new approach to supporting students with additional needs. This is one of many ways my department is actively engaging to meet the increased demand.
My department and the NCSE are committed to delivering an education system that is of the highest quality and where every child and young person feels valued and is actively supported and nurtured to achieve their full potential.
In relation to the requested information in the three PQs, I 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.
Please see below table regarding the requested figures-