Taoiseach reticent on Disability Ombudsman

THE Taoiseach wants a Disability Ombudsman appointed but would not commit yesterday to giving the new authority legal teeth to pursue rights in the courts.

Fresh figures released by the Department of Education yesterday revealed that the State has paid out €13 million fighting parents who are seeking an education for their intellectually disabled children, between legal costs and damages.

But a Disability Ombudsman will be of no use unless he has the power to enforce the rights of the disabled in the courts, according to one disability rights group.

The National Association for the Mentally Handicapped in Ireland (NAMHI) says that the State must give disabled people enforceable rights in the new Disability Bill.

"Otherwise the Ombudsman will have no power of enforcement and will only be able to make recommendations," said NAMHI general secretary Deirdre Carroll.

But the Taoiseach would not give a commitment yesterday to including the controversial enforceable rights in the new Disability Bill. He said there was one point in the Bill that they were trying to resolve but would not comment further.

Asked why the Government was spending millions forcing parents of disabled children to go to court to secure an education, Mr Ahern said: "We don't want people to have to fight in the courts for education rights we would rather have an ombudsman than seeing all this money spent on legal costs."

Speaking at the launch of the new €140m Cork Airport project, Mr Ahern said the Government had put substantial resources into providing education for the intellectually disabled in the past five years.

These included: 2,200 extra resource teachers in primary schools; 4,800 extra special needs assistants; 500 extra teachers to support special dedicated offices; and 1,000 extra teachers in special needs schools

"These figures show the Government is determined to provide proper resources for these children," the Taoiseach added.

But NAMHI said parents of intellectually disabled children are forced to go to court because the system simply does not cope with their needs. And the only way they will be guaranteed an education without taking court action is if enforceable rights are included in the new Disability Bill.

Meanwhile, the Department of Education revealed yesterday that parents taking cases against the Government for not providing education for children with special needs have been paid €4.4m in damages in recent years.

The new figures from the Department reveal that last year was by far the highest to date for damages awards, with €1.5m paid out in settlements arising from legal actions.

The damages payouts bring the Government's bill for fighting legal battles with parents of intellectually disabled children to more than €13m in the last five years and costs continue to rise.