Courts

High Court case involves seeking of suitable school place for boy with autism

Family claims lack of access to an appropriate education placement for school year commencing in September amounts to a breach of the boy’s rights to an adequate education

The child has brought judicial review proceedings against the Minister for Education, the National Council for Special Education, Ireland and the Attorney-General. Photograph: Alan Betson

Aodhan O'Faolain
Fri Jul 5 2024 - 17:41

A High Court action has been brought on behalf of a child with autism who is in a school that allegedly cannot cater for his needs.

The court heard that the boy has been enrolled in his current primary school for several years but needs a place at a more suitable educational facility.

He has speech and language delay and requires significant help from an adult to keep him safe.

The boy has been assessed by the National Educational Psychological Service as having a moderate intellectual disability and autism. The assessor also recommended that he requires an Autism Spectrum Disorder (ASD)-specific school placement.

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His current school placement is therefore not suitable for his needs, his family claim.

His parents have applied to a dozen schools that would cater to his needs and have written to the Department of Education seeking assistance in the matter.

Their efforts have been unsuccessful as all of the schools they have applied to are already full.

His family claims the lack of access to an appropriate education placement for the school year commencing in September amounts to a breach of the boy’s rights to an adequate education.

Represented by Derek Shortall SC and Paul Gunning, the child has brought judicial review proceedings against the Minister for Education, the National Council for Special Education, Ireland and the Attorney-General.

Counsel accepted that the action involved a child who currently has a school placement. However, it is one where he currently is not suitable, counsel said, adding that the boy’s case has been strengthened by the psychologist’s assessment which states he needs to be provided with an ASD-specific school placement.

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In their action. the applicants seek an order from the court compelling the respondents to provide the boy with an appropriate education within a period directed by the court.

The applicants also seek a declaration that the respondents have failed in their duty to provide the boy with an adequate and appropriate education in accordance with his constitutional rights, or in accordance with provisions of the 1998 Education Act and the 2004 Special Education Needs Act.

The matter came before Ms Justice Marguerite Bolger on Friday who, on an ex-parte basis, granted the applicant’s lawyers permission to bring their challenge.

The case will return before the court later this month.

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