The High Court was informed on Friday that the government has informed parents and guardians of over 160 children with autism that there are no special educational facilities available for them this school term. Justice Margaret Bolger granted permission to several applicants to seek orders asking Education Minister Norma Foley and the National Council for Special Education to supply them with suitable schooling.
A mother shared in a sworn statement that she found herself in “an absolutely unbearable situation” with the school year starting again and no communication on a potential placement for her son. Senior legal representatives Joe Jeffers and Michael O’Connell spoke for six children, aged 5 to 14, informing the court that over a dozen schools had rejected applications for placements in special needs teaching facilities.
Along with Brendan Hennesy, the lead counsels highlighted the pressure on parents and guardians unable to homeschool their children; some have been awaiting school placements for two years. There were other applicants who had already been given permission to apply for orders against the State, with a preliminary hearing date for a test case set in November, Mr Jeffers said. Some of the cases to be heard after the test case include children currently not receiving any form of education.
Mr O’Connell, working with Niamh Maher from Healy Law Solicitors for three applicants, reported to Justice Bolger that a parent of a five year-old child was told by southern schools there was no space for him to begin primary special needs schooling. Bolger was informed that the Ombudsman, following a school planning study for children with special needs two years prior, had released a report last week acknowledging minimal progress made by education officials.
Having heard that the families sought legal help as a final resort, Justice Bolger approved the leave to appeal, adjourning all cases to October 8th, stipulating that opposing documents should be submitted at least four days prior.
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