Sir, – Stark contradiction strikes Ireland’s education system for children with additional educational needs: although children’s right to an education appropriate to their needs exists in law, there is no effective mechanism for implementation.
The right to education is constitutionally protected, and the High Court in Sinnott v Minister for Education (2000) confirmed that it must be determined by the child’s needs, not the State’s resources.
This principle is reflected in the Education Act 1998 and the Education for Persons with Special Educational Needs Act 2004 (Epsen), which envisages that all children should be educated with their peers where possible.
However, over 20 years on, the most important parts of Epsen, granting statutory rights to an individual education plan and independent appeals process have not been commenced. Although NCSE allocates overall resources like SNAs, they lack authority to compel schools to provide specific, individual supports.
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Instead, the Department of Education has given schools total responsibility to determine children’s needs and decide how to allocate supports. Families have no recourse to independent oversight of decisions affecting their children’s education, leaving many children without the support they need. A right with no review is not a right.
Challenges are manifest in mainstream schools, where 97 per cent of children with additional needs are educated. Children who do not qualify for special classes or schools, yet require support, are left in a widening gap, expected to thrive in environments unequipped to meet their needs.
The UN Convention on the Rights of Persons with Disabilities (UNCRPD) calls for inclusive education and our Equal Status Acts 2000–2018 require adjustments to be made to prevent discrimination on the grounds of disability. However, inclusion in education requires more than mere placement and without appropriate supports, children remain effectively excluded.
Compounding the problem is the use of outdated data. The department cites an ESRI estimate from 2011, that one quarter of children have additional needs, whereas current Scottish data puts the figure at 43 per cent, with most being neurodivergent.
Chronic under-resourcing is reflected in threadbare supports and rising school non-attendance: Tusla says one in five children missed more than 20 days of school in 2022-23, meaning currently, more than 200,000 children are experiencing some form of school breakdown.
Despite long-standing policy promises of inclusion, implementation remains lacking. Under the optional protocol to the UNCRPD, complaints can be taken beyond the State, serving as a stark warning that Ireland must urgently address its systemic failures. – Yours, etc,
NESSA HILL,
Chief executive,
Neurodiversity Ireland,
Dublin 4.
