High Court action on the cards for lack of school places for children with special needs

High Court Reporters

Some parents of children with special needs who have no offer of a school place for September may have to consider whether to give up their jobs to take care of their children, the High Court has heard.

Counsel for children who still do not have a school place, Brendan Hennessy BL, told the High Court that the final figure on legal challenges over the lack of school places for children with special needs could be as high as 50.

A total of 34 cases were listed in the High Court on Friday where parents are legally challenging the Minister for Education and Youth and the National Council for Special Education (NCSE) on the failure to provide school places for special needs children.

Ms Justice Sara Phelan who is case managing the list said there was a difficulty as the courts reach the end of the legal year and nine dates in September as well as three days in July had been set aside to hear the cases.

She said two judges will be available in September to deal with the challenges.

The judge issued what she called “a word of warning” that the Department of Education and the NCSE process in relation to the provision of school places should start earlier next year so it is not in the same position.

Ms Justice Phelan was told that by the State that places had been offered to children in seven of the cases . Hearing dates in July have been given for the legal challenges in three cases and four cases are expected to back those up.

The judge was told that there are now twenty cases left on the High Court list in relation to children who have not got places for the start of the school term, but more cases are being brought all the time and the final figure could be 40 to 50 cases before the court.

Counsel for the children Brendan Hennessy instructed by KM Solicitors asked that every court slot be allocated.

“Parents are worried that one of them may have to give up employment come September. All that parents want to know is do they have a guaranteed a school place,” he said.

He said parents will also need written guarantee confirmation of school places .

He pointed out that the case of a seven-year old boy had settled at the end of last year on the basis that a the child would have a school place in April of this year when school building work completed.

Counsel said the boy still has not got a school place.

Counsel for the State parties, Tony McGillicuddy SC outlined to the court that in seven of the cases before the court, places had now been offered at schools. He said the Department of Education and the NCSE were forming a plan and streamlining the system so that what happened this year does not happen next year.

The cases will be back before the court later this month.