More than 30 children without school places taking High Court action
High Court
has heard.
A total of 34 cases were listed on Friday in the High Court, 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 children with special needs.
Brendan Hennessy BL, who is representing the children in cases, told the High Court on Friday that the final figure on legal challenges over the lack of school places for children with special needs for September could be as high as 50.
Ms Justice Sara Phelan, who is case managing the list, said two judges will be available in September to deal with the challenges. Three days have also been set aside in July.
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The judge issued what she called 'a word of warning' saying that the
Department of Education
and the NCSE process in relation to the provision of school places should start earlier next year so that it is not in the same position.
Ms Justice Phelan was told 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 there are now 20 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.
Mr 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 school place,' he said.
He said parents will also need written, guaranteed 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 the child would have a school place in April of this year after the completion of school building work. 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.
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