Child loses legal challenge over delay to provide school transport
The boy, suing through his mother, had brought proceedings over what he claimed was a failure by the Minister for Education and Youth to comply with statutory obligations to provide a school transport service to a school about 18kms from his home. File picture
A primary school child with additional needs who had gone to court over delays in providing a school transport service has lost his High Court challenge.
The boy, suing through his mother, had brought proceedings over what he claimed was a failure by the Minister for Education and Youth to comply with statutory obligations to provide a school transport service to a school about 18kms from his home.
However, Ms Justice Marguerite Bolger noted that while delays had been “understandably frustrating” for the boy and his parents, there was no evidence before the court to suggest that there was any conscious or deliberate flouting of rights.
She said the boy had been offered a school transport grant in the meantime and there was nothing to suggest that a school escort for the trip would have been employed any quicker or more efficiently had it been taken on by the department rather than delegating responsibility to the school.
The transport service for the boy and two other children began in May of this year but the school escort resigned soon afterwards. The judge said the school experienced difficulties in recruiting a new escort and a temporary arrangement was made for a post primary escort for two weeks in July.
Ms Justice Bolger said the situation is that the school has now advertised again for a school escort for the boy and the department expects it will be in place for the start of the school year this September.
The judge said a proactive approach is being adopted by the minister despite practical challenges presented by unsuccessful recruitment processes and delays caused by legal obligations, including procurement rules and garda vetting arrangements.
She said she was satisfied the delay was due to genuine difficulties that the relevant personnel were actively seeking to address. However, the judge stressed the delay in securing services that the minister is required to provide cannot be unlimited.
She said it is hoped the department’s expectation that a service will be in place when the boy is due to commence the new school year in September and she said the family can come back to court if there is any further delay.
She said her indicative view on costs is that there may be a basis for a partial costs order in favour of the boy but she said she will hear counsel on the matter when the case comes back before the court in October.
Outlining a background to the case, Ms Justice Bolger said there had been difficulties with the boy’s previous school placements.
The boy who lives in the east of the country was informed in July 2024 that a place was available in a school which was about 18kms from his home. His parents accepted the place and while they had applied for school transport it was not furnished to the government department until the start of September.
A school escort was required in a car or bus for the schoolboy and reference was made to the child’s “meltdowns and outbursts when triggered”.
A new transport service was sanctioned in October 2024 with the procurement process taking some time with the route put to tender five times before a successful bidder was appointed in March of this year.
In the meantime the boy’s family were offered a school transport grant pending the provision of the school transport service.
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