Courts see rapid rise in cases settled over failure to give children special school places

The figures also outline that over €2m has been spent on legal costs by the State in fighting these cases

Public Accounts Committee chair John Brady said the figures were evidence of a crisis in special education, which is 'worsening year after year'. File photo: Jed Niezgoda

There has been a rapid rise in the number of court cases being settled by the Department of Education over failures to provide special school places for children, new data shows.

Cases being settled have risen exponentially over the last four years, with just four cases being settled in 2022 compared to 53 in 2025.

The briefing, provided to the Public Accounts Committee (PAC) by the Department of Education, also outlines that over €2m has been spent on legal costs by the State in fighting these cases.

In total, there have been 122 cases settled by the department between 2022 and May this year, with 15 of those in the first five months of 2026.

The department also confirmed to PAC that there were 38 cases where the department paid the costs of the parents. This was at its highest level in 2022, where 13 cases saw costs paid by the State.

In its briefing, the department said it does not initiate any legal action surrounding special education provision.

“The department’s aim is that no parent should believe that they need to take a case against the State in the area of special education, but, where this happens, the department and NCSE [National Council for Special Education] work with parents to ensure that solutions are found as quickly as possible,” the Department said.

In total, for the 2025/2026 school year, there were 126 legal actions initiated by parents over special school places. Of those, 60 did not proceed.

“Many cases taken relate to special education placements and the facts demonstrate that most cases are resolved or withdrawn, outside the legal process and that children are supported,” the department wrote.

The document also outlines that there has been a significant rise in pre-litigation cases each year, where legal letters are sent to the department before any court action takes place. This peaked in 2025, with 126 legal letters sent to the department over school places, rising from 54 in 2024, 16 in 2023, and just 14 in 2022.

PAC chair John Brady said the figures were evidence of a crisis in special education, which is “worsening year after year”. “These figures are symptomatic of the fundamental flaws at the heart of how special educational supports are planned and delivered,” Mr Brady said.

“The Government must now provide a clear, long-term commitment to strengthening special education provision based on need, while ensuring meaningful engagement with families, SNAs, teachers and school communities.”

• Tadgh McNally is a political reporter for the Irish Examiner