Legal proceedings have been initiated in the High Court on behalf of a child with autism. The child’s current primary school, where he has been studying for several years, is reportedly ill-equipped to meet his educational requirements.
The boy possesses a speech and language impediment and consistently requires an adult’s oversight for his safety. Additionally, he has been diagnosed with moderate intellectual disability and autism by the National Educational Psychological Service. The diagnosing assessor also suggested he would benefit from placement in a school specifically designed for children with Autism Spectrum Disorder (ASD).
The child’s family asserts that his current educational setting is inappropriate for his needs. Despite applying to numerous schools tailored to his needs and seeking assistance from the Department of Education, all their efforts have been fruitless as all the approached schools are at capacity.
According to the family, the boy’s inability to secure an apt educational placement for the upcoming academic year, starting in September, infringes upon his right to access quality education.
The child, represented by Derek Shortall SC and Paul Gunning, has filed a judicial review against the Minister for Education, the National Council for Special Education, Ireland, and the Attorney-General.
It was acknowledged by the Counsel that the boy is attending a school, but noted it is not meeting the boy’s needs. The strength of the boy’s case has been reinforced by the psychologist’s assessment stipulating the provision of an ASD-specific educational setting.
In their lawsuit, the plaintiffs demand the court to issue an order directing the defendants to provide suitable education tailored to the boy’s needs within a time-frame determined by the court.
The claimants also seek the court’s acknowledgement that the defendants have failed to furnish the child with an adequate and appropriate education, aligned with his constitutional rights, or as per the stipulations of the 1998 Education Act and the 2004 Special Education Needs Act.
The case was presided over by Ms Justice Marguerite Bolger on Friday, who granted the plaintiff’s lawyers the right to contest on an ex-parte basis. The case is set to be back in court later this month.