The High Court has refused a primary school child’s challenge over delays in securing a school transport service from his home in Kilnamanagh to a school in Dublin 4, while allowing the case to return if problems continued into the new school year.
L.C., suing through his mother, has additional needs and comes within the Department of Education’s school transport scheme for children with special educational needs. His family accepted a school place in August 2024 and had applied for transport the previous month.
The application reached the Department’s transport section in early September. Bus Éireann advised that a new service was required and the Department sanctioned it on October 2, 2024. A procurement process followed, but the route had to be tendered five times before a successful bidder was appointed in March 2025.
An escort was also required because L.C.’s anxiety could lead to meltdowns or outbursts during journeys. The school recruited an escort, but Garda vetting meant the transport service did not begin until May 6, 2025.
Further difficulties arose within days. The school principal reported problems involving two other children travelling in the same car. The escort resigned on May 14. The Department sanctioned an individual transport service for L.C. the following day, but efforts to recruit a replacement escort were unsuccessful. A temporary escort was eventually vetted for L.C.’s two-week July school provision.
Ms Justice Marguerite Bolger accepted that the delays had been frustrating. However, she found no evidence of deliberate disregard for L.C.’s rights. The Department had taken active steps to solve procurement and recruitment problems and had offered a transport grant and home tuition grant in the meantime.
The court therefore refused the relief sought. It did not decide wider arguments about whether the Minister could delegate parts of the transport system to Bus Éireann or individual schools.
Bolger J stressed that the delay could not be unlimited. L.C. was given liberty to return to court if a suitable transport service was not available when school resumed in September 2025.