An eight-year-old boy with autism who has not been in school since January has brought a High Court action over the Minister for Education’s alleged failure to provide him access to education.
The boy, suing through his mother, alleges his lack of school placement “arises directly from the acts and omissions” of the Minister, the National Council for Special Education (NCSE), Ireland and the Attorney General, against whom his case is brought.
Ms Justice Marguerite Bolger this week permitted Derek Shortall SC and Paul Gunning, instructed by KOD Lyons Solicitors, to bring his judicial review proceedings.
According to his court documents, a report prepared by the National Education Psychological Service concluded in January last year that the boy’s needs may be best met in a special school setting that caters for pupils with autism.
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Last November, the NCSE determined that the boy met the eligibility criteria for a placement at a special school.
In a sworn statement to the court, the boy’s mother said his previous school placement broke down. His school decided it could not cope with his complex needs and could not keep him safe, she said.
The boy has not been attending school since his suspension in late January, his mother says. His suspension followed an incident where he ran on to a road outside the school while waiting to be collected.
After it became apparent to his parents that the boy would be expelled, they voluntarily removed him from the school, his mother said.
She claims she has applied in vain to a number of schools for the remainder of this academic year and the next academic year. The parents have also sought the assistance of NCSE in seeking a placement.
The boy’s mother said her son’s situation is “extreme and urgent”.
The boy is seeking various reliefs, including an order compelling the other side to provide him with appropriate education.
