Courts / Ireland / Report

Bid by special needs children for extra schooling is settled

Summary

Two High Court actions concerning the Minister for Education's refusal to enrol two young children with complex educational needs in the July Provision Scheme were settled. The children, who attend mainstream primary schools, were denied entry because they did not have a diagnosis of Autism Spectrum Disorder or a severe or profound general learning disability, the only conditions that qualify for the scheme. The families argued the refusals were irrational, unreasonable and breached the children's rights under the European Convention on Human Rights and the 1998 Education Act. The settlement provides the families with a payment equivalent to the amount normally paid to children who qualify for home‑based July Provision. The payment can be used for tuition at home or another suitable scheme and will continue until the children reach 18 or until the scheme is abolished, at which point they may apply to a new scheme. The agreement also includes an order for costs.

Who, what, where, when and why

What: Report matter: Bid by special needs children for extra schooling is settled. Procedural stage: hearing_or_decision

When:

• 2019-06-19 Publication

Why: In order to ensure that they did not regress over the long summer holidays, their families attempted to enrol them in the July Provision Scheme. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report