Parents take legal action over lack of special education school places

A case before the courts involves a child whose parents have been raising concerns about their special school placement since 2018. The child is currently attending a school 'wholly unsuitable' to their needs. File picture

Desperate families have initiated legal proceedings against the State to secure appropriate school places for their children, with more expected to follow suit.

The actions come ahead of another planned protest next month to highlight ongoing issues with the provision of special education school places.

In an affidavit submitted to the court, one parent said they have contacted approximately 35 schools trying to source a place for their child, initially for September 2024 and then for September 2025.

“Without exception, every school has informed me that there were no available places and that they did not think a school place would become available in September 2025.” 

The child’s educational needs are “quite pronounced”, according to the document. They are non-verbal and cannot hold a pencil.

They are already “far behind” their peers, and any delay will “undoubtedly have significant consequences”.

The parent said they feel that their child is being discriminated against, based on their home address and disability.

“There seems to be a geographical lottery when it comes to suitable school places for children with a disability. I say that in my area this seems to be a significant issue. I am not aware that the problem is as pronounced in other areas.” 

The acute problems with school places that arise every single year are also "exclusively a problem for children with additional educational needs”, the parent added.

There is no difficulty whatsoever finding a school place for children seeking a mainstream school place.

The chronic shortage of school places has been highlighted by the Ombudsman for Children as far back as June 2022, the affidavit notes.

However the issue has not been "adequately addressed" and each year parents of children with special educational needs must engage in an "unseemly scramble" for the very limited number of suitable school places.

"Every year, parents and children are left disappointed and without an appropriate school place for their child. I am one of those parents." 

Another case before the courts involves a child whose parents have been raising concerns about their special school placement since 2018.

The child, who requires a place in a special school for children with severe to profound intellectual disabilities, is currently attending a school “wholly unsuitable” to their needs.

A recent psychologist's report stated the child is not only in an inappropriate school placement, but that staying in their current setting is causing them harm.

Niamh Maher from Healy Law LLP Solicitors, who is acting for many families across the country, said she believes there are two major issues with school placements: children are unable to secure appropriate school places, and there are also children in inappropriate placements due to delays in carrying out assessments to identify the correct school setting for them.

Ms Maher also raised concerns about the difference between a sanctioned classroom and a classroom that will be open for September this year.

To date, 399 new special classes have been sanctioned for this September.

Many parents are telling me that schools are running into issues with funding, planning and construction works, so there is no reality to many of the sanctioned schools opening their doors to students this September.

“The necessity for additional school placements was highlighted to the Government a number of years ago but the necessary resources and actions were not taken at that time to ensure that all children with additional needs will have an appropriate school placements for September.”

A department of education spokesperson said: An additional 399 new special education classes have been sanctioned by the National Council for Special Education (NCSE) for the 2025/26 school year. Some 300 additional special school places are also being provided, including five new special schools being established.

"This will create 2,700 new spaces for children in special education classes for the new school year. The natural movement of children between classes will also free up 1,200 spaces, meaning that there will be nearly 4,000 available spaces for children in special education classes next year.

"The department of education recently wrote to all schools opening new special classes to progress with the admission of students into new classes. The NCSE is following up with schools also to progress the admission of students into new special classes as quickly as possible."