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Autistic boy challenges refusal of school transport

Summary

In a High Court case, a boy with autism, whose identity is protected, challenged the State's refusal to provide school transport. The boy lives in a rural area and, after consultation with the Minister for Education and health professionals, was directed to attend a primary school that was not the nearest national school but was deemed most suitable for his needs. An application for transport to that school was denied because it was not the nearest school to his home. The boy's appeal against this decision was dismissed in July without reasons. His lawyers, represented by Derek Shortall BL, have now brought judicial review proceedings against the National Council for Special Education, the Minister for Education and Skills, and the School Transport Appeals Board. They seek an order quashing the refusal, declarations that the lack of reasons breaches fair procedures and constitutional justice, and a remittal for reconsideration.

Who, what, where, when and why

What: Report matter: Autistic boy challenges refusal of school transport. Procedural stage: appeal

When:

• 2020-09-21 Publication

Why: An application that the boy be provided with school transport was made to the Minister, which the court heard was disallowed because the school was not the nearest school to the boy's home. Court evidence reported by CNI

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report