A 10-year-old boy with autism who is yet to attend school this academic year has brought a High Court action against the Minister for Education over her alleged failure to provide him with school transport.
According to court documents, the Department of Education deemed the boy eligible for its school transport scheme on account of his special educational needs last September. However, it is alleged that Bus Éireann has since been unable to procure a service to bring the boy to school.
As a result, the boy – who cannot be named by order of the court – remains at home, unable to take up his school placement.
In a sworn statement, the boy’s mother described the situation as “an intolerable position which is causing him real harm on an ongoing basis”.
US supreme court rules Trump cannot withhold payment to foreign aid groups
An Irishman in Spain: ‘Salaries are much lower here, but my mental health is far better’
Trump says ‘golden age of America has only just begun’ in speech riddled with exaggerations and inaccuracies
Nathan McDonnell’s carry-on-as-normal behaviour suggested a profound dissociation from the €32m of crystal meth in his yard
She says her child is being left behind by his peer group “and is not experiencing the social and educational benefits of a school placement”.
A grant offered to her by the department to offset the cost of private transport is not suitable, she says. The school – which caters for children with autism – is a “significant distance” away from the boy’s home, and neither she nor her husband are in a position to drive him there, she says. They share one vehicle and have other children, she says.
The mother says she and her husband have spent €2,430 on private dyslexia reading lessons for the boy since October. She says she stays at home full-time to care for his needs.
Judge Mary Rose Gearty on Wednesday granted leave to Paul Gunning BL, appearing for the applicant, instructed by KOD Lyons Solicitors, to bring judicial review proceedings against the Minister.
The boy, suing through his mother, is seeking an order compelling the Minister to provide appropriate school transport to him. A declaration is also being sought that the Minister, in failing to provide any or appropriate school transport, has failed in her duty to provide support services to him under the Education Act, 1998.
The case returns to court next week.
