Courts / Ireland / Report

Parents of autistic boy take action over school transport

Summary

The parents of an early-teen boy with autism have initiated High Court proceedings against the Minister for Transport, the National Council for Special Education, and the School Transport Appeals Board. The family challenges a decision disallowing their application for free school transport under the Special Transport Scheme for Children with Special Education Needs Arising from a Diagnosed Disability. They argue the boy attends the nearest school capable of meeting his specific educational needs, a position supported by a Senior Clinical Psychologist with the HSE and the school principal. The application and subsequent appeal were refused last October on the basis that the school was not the geographically nearest, and the family was offered concessionary transport costing €350 per year. The parents contend the respondent's interpretation of the scheme is incorrect and contrary to law, seeking an order quashing the refusal and declarations that eligibility requires individual consideration of a child's requirements rather than mere proximity. The parties cannot be identified for legal reasons. Mr Justice Richard Humphreys granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and made returnable to a date in January.

Who, what, where, when and why

What: Report matter: Parents of autistic boy take action over school transport. Procedural stage: hearing_or_decision

When:

• 2015-12-07 Publication

Why: They also seek declarations including that the part of the scheme dealing with transport for children with special educational needs requires an individual consideration of a child's requirements in order to determine if any given school is the nearest school to meet that child's individual needs as opposed to just the nearest school. CNI source report

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Stage Hearing Or Decision

Read the original CNI report