The High Court has fixed the hearing of a “test” challenge where primary school places are being sought for children with autism.
Several judicial review challenges against the Minister for Education and the State have been brought before the court in recent weeks by the families of children with autism who claim they have been unable to secure primary school places for their children.
In each of the actions the parents claim that despite contacting dozens of schools, no suitable places are available.
They say this amounts to a breach of the children’s rights including their constitutional rights to be provided with an adequate education.
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They seek various orders including orders compelling the Minister to provide the children with suitable school placements.
The families of the children involved also fear their children will regress if they remain outside of the school system.
When several of these actions came before Ms Justice Niamh Hyland on Friday, the judge accepted that the matters were urgent.
The judge put a timetable in place with a view that one of the cases, which the judge nominated to be the test action, would be heard by the court in mid-November.
The judge heard from Tony McGillicuddy SC, for the Minister, who said extra classes and places, in the relevant geographical area, for children with autism have recently been sanctioned.
Counsel said that any decision to enrol a child in any of those schools was a matter for the schools themselves and was not something that the Minister could not get involved in.
It was hoped that the schools will begin to accept applications for the new places as soon as possible.
However, counsel said that further delays may be caused by the fact that at this time of year many school principals, members of school boards of management and other relevant people are away on holidays.
Counsel added that the Minister, who will be filing a statement of opposition about the test action, is aware of the situation the children and their families find themselves in and is trying to do the best for all concerned.
In reply, Joe Jeffers SC, for the applicant families, said some of his clients have been seeking places since March.
The Minister has been contacted about the matter and his clients only received generic responses.
Counsel said the families are aware extra places for children with autism have been sanctioned but they are unaware of specific details about these new places and when they will come on stream.
Expressing his clients’ strong desire to have the test case listed for hearing by the judge, and the other similar actions heard as soon as possible, counsel said that as things stand his clients remain without a suitable school place.
The judge expressed her hope that the disputes could be resolved between the parties.
She adjourned all the various proceedings to a date in October, when the new legal term commences to see how matters are progressing.
The test case will be heard by the court in mid-November, the judge added.
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