A High Court action has been brought on behalf of a child with autism who is currently in a school that cannot cater for his needs, and who needs a place at a suitable education facility.
The child, a boy of primary school age, and his family cannot be identified for legal reasons.
The court heard that the boy has been enrolled in his current school for several years. However that placement, the court heard, has proven to be challenging for the child.
He has speech and language delays and requires significant help from an adult to keep him safe.
The boy has been assessed by a psychologist with the National Educational Psychological Service as having a moderate intellectual disability and autism. The assessor also recommended that the boy requires an Autism Spectrum Disorder specific school placement.
His current school placement is therefore not suitable for his needs, his family claims.
Unsuccessful applications
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 that 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 Bl the child has brought judicial review proceedings in the High Court 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 where he currently is 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.
In their action 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.
They 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.
By High Court reporters
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