Parents to challenge education minister in High Court over lack of school places

For this September, the Department of Education and NCSE has sanctioned 399 new special classes nationwide. File picture: Danny Lawson/PA Wire

Many parents have been left trying to provide scraps of education for their children at home with no State provision and despite seeking help from dozens of schools, the High Court has heard. 

The details emerged during the first of many cases expected to appear before the court between now and September where families have initiated legal proceedings to secure appropriate school places for their children. 

Ms Justice Marguerite Bolger granted the parents of 25 children leave in the High Court to legally challenge minister for education and youth Helen McEntee and the National Council for Special Education (NCSE) on their failure to provide school places for children with special needs.

Ms Justice Bolger heard that many parents, despite having sought help from dozens of schools as far back as early 2024, have still been left with trying to provide scraps of education for their children at home with no State provision.

For this September, the Department of Education and NCSE has sanctioned 399 new special classes nationwide. 

However, as previously highlighted by the Irish Examiner, fears were raised earlier this year over schools running into issues with funding, planning, and construction works impacting the opening of many of these sanctioned classes.

In an affidavit submitted to the court, one parent said it is not clear how many of these new classes will be open at the start of the new year, or if their child would be offered a place given the “lengthy” waiting lists.

Senior counsel Joe Jeffers and Micheal D O’Connell, both of whom appeared with barrister Brendan Hennessy, outlined the refusal in letters from in some cases five or six schools, in each case telling parents they just did not have accommodation or staff to facilitate their child’s education.

Judge Bolger was assisted by Niamh Maher of Healy Law Solicitors and Andrew Murnaghan of KM Solicitors.

The court was told of a child who has had to repeat sixth class three times and still cannot obtain a secondary school special placement and is facing into having to repeat the class for a fourth time.

All of the applicants before the court were granted leave to seek an order of mandamas which, if granted would compel the minister for education and the NCSE to provide an adequate and appropriate school education within such time as to be directed by the High Court.

Judge Bolger also directed the respondents to take all necessary steps to provide the applicants with full-time school placements as soon as reasonably possible.

Mr Hennessy told Judge Bolger there could be as many as 60 or more cases dealt with by the court before the new school term in September. 

He said that 15 other applications had already been dealt with and there were another 20 cases coming down the line for consideration of the court on top of the 25 she had just dealt with.

Judge Bolger heard that some children had been offered consent placements “subject to building or renovation works subject to planning permission subject to planning objections and, down the road, subject to staff recruitment that would have to be addressed".