State spends €1.8m fighting court cases against families seeking special education classes for their children

Majority of active judicial review cases allege a lack of appropriate school placement issues and/or relate to assessment of need cases, Department of Education said.

The Department of Education has spent nearly €1.8m on legal fees to fight court cases against families seeking special education classes for their children, new figures show.

Information provided to the Dáil’s Public Accounts Committee (PAC) outlines there has been a total of €1.769m spent on legal costs and court settlements by the department over the last three years.

"In recent years, the majority of active judicial review cases allege a lack of appropriate school placement issues and/or relate to assessment of need cases,” the department said.

While the letter states assessment of need cases are generally taken against the HSE, a High Court judgement in 2021 means some cases are brought against the Department of Education due to linked educational need.

“Where judicial review cases relate to school placements, the department and NCSE [National Council for Special Education] are at all times committed to supporting, and assisting the child on whose behalf litigation has been instigated and his/her family, to secure a positive outcome, and access an appropriate educational placement.

“Potential resolutions to the school placement matters are always actively progressed with the NCSE.” 

The letter states there are two primary types of cases taken against the Government: Judicial reviews, which challenge administrative decisions or “an alleged failure to act"; or plenary cases, which are seeking damages for something which happened in the past.

According to the department, there have been 126 “litigation matters” received over special education school placements in the 2025/2026 school year.

“Sixty-six litigants sought leave in the High Court for judicial review and 55 are still on the court list, related solely to costs determinations. Nine of the 55 sought leave but the court did not grant same. None of these cases proceeded to a High Court hearing,” the department wrote.

PAC chairman John Brady excoriated the Government for the money spent defending cases, describing it as an “insult to every family fighting for a suitable school place and the basic supports their children deserve”.

“Instead of focusing on adequately planning and investing to ensure that sufficient places are available, the Government has chosen to fight parents through the courts, as parents seek to merely vindicate their children’s rights,” Mr Brady said.

This €1.769m should have been invested in additional special school classes and supports, not spent on adversarial court battles and costly legal fees.

“Parents are exhausted from constantly having to fight the system, and this news will be yet another kick in the teeth to those families.” 

The Sinn Féin TD said it was “symptomatic of the fundamental flaws at the heart of how special education supports are provided”.

““The Government must deliver a clear long-term commitment that special education supports will be strengthened based on need, alongside proper engagement with families, SNAs and school communities.” 

In the letter to the PAC, the Department of Education said all cases it fought were managed under the guidance of both the Office of the Attorney General and the Chief State’s Solicitor Office.

“The Department of Education and Youth does not initiate cases in this area and does not take lightly any decision to defend cases,” the letter states.

In February, the PAC heard there would not be enough special classes in place for the next school year.

The department currently has funding to open 400 special classes which are attached to mainstream schools, with each able to take a maximum of six students.