The High Court is set to adjudicate a pivotal dispute pertaining to enrolment of autistic children in primary schools. This test challenge addresses the alleged failure of the State and the Education Minister to secure mainstream school places for these children, as put forth by several families in recent legal review complaints.
Parents involved in these disputes express their unsuccessful attempts to find appropriate school placements for their children, even after reaching out to multiple schools. They argue that the lack of suitable school places represents a violation of their children’s reights, including their constitutionally granted right to a sufficient education.
The families wish to compel the Education Minister to ensure suitable school placements for their children and are concerned about potential learning regression if the children aren’t integrated into a school system. The urgency of the matter was acknowledged by Justice Niamh Hyland, designating one of the cases as the test action to be reviewed by the court by mid-November.
The children’s legal representative, Tony McGillicuddy, pointed out the sanction of additional classes and school places for autistic children in relevant locations, highlighting that enrolment decisions are left to individual schools, not the Education Minister.
It’s expected that applications for these new vacancies will be accepted soon. Yet, possible setbacks could occur due to the seasonal absence of school principals, board of management members and other key personnel. The Minister is cognizant of the families’ trying circumstances, pledged to file opposition on the test action, and strives to secure the best outcome for all parties involved.
Speaking on behalf of the plaintiff families, Joe Jeffers SC stated that some have been trying to find appropriate slots since March. His clients have reached out to the Minister regarding the issue, although only receiving standard responses. Jeffers mentioned his clients were aware of additional places being approved for children suffering from autism, however, they lacked definite knowledge regarding when and where these spaces would be available.
He also expressed the fervent wish of his clients that their test case be listed for a hearing as soon as possible, alongside other similar actions, owing to the fact that his clients are still lacking appropriate school placements. The presiding judge voiced her hopes for a resolution to be found between the conflicting parties and postponed all other relevant cases until October, to review developments at the start of the new judicial term. The judge also pointed out that the precedent-setting case is expected to be deliberated upon by the court in mid-November.