A six-year-old child with additional needs who allegedly lost out on a school place on foot of an order made by the National Council for Special Education (NCSE) is set to resolve a High Court action.
The child, who sued the NCSE and other State parties through his mother, had sought to quash the council’s purported designation directing another child – who is not a party to the proceedings – be given a place at the specialist school the plaintiff was seeking to attend in September.
Both children were on the school’s waiting list for a place, but the plaintiff child was higher in the list, his case contends. It was the plaintiff’s case that the plaintiff child was next in line when a place became available at the school.
On foot of the NCSE designation, the other child, referred to as Child A in the proceedings, “skipped the queue” for school places, the plaintiff claimed.
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The purported designation was issued under section 67 of the Education Act 1998, which gives powers to the NCSE to compel a school to offer a given child a school place.
As an alternative to quashing the council’s purported designation, the plaintiff sought a court declaration that section 67 of the Education Act 1998 is unconstitutional.
Hugh McDowell, barrister for the child instructed by KM Solicitors, on Thursday told Ms Marguerite Bolger that following the initiation of the child’s legal action, the school contacted the child’s mother to say it was hopeful of providing him a place at the school.
Mr McDowell said the matter could be adjourned, with a view to the case being struck out on the next occasion it comes before the court.
[ More than 30 children without school places taking High Court actionOpens in new window ]
The child cannot be identified by order of the court.
The plaintiff’s case claimed that the NCSE declined to explain to the child’s mother how it came to make the designation under section 67 of the Education Act.
Mr McDowell said it was a source of distress for the child’s mother that she will never know why the NCSE allegedly believed it appropriate that another child be allowed to skip a place on the school’s waiting list. Counsel said his client was a reluctant litigant, but it was only through bringing proceedings that they received a satisfactory resolution.
The plaintiff’s case claimed the NCSE failed to comply with fair procedure in making the designation. It says the application of section 67 is not intended for utilisation in scenarios where a school is oversubscribed, and does not permit the NCSE to allow a child to circumvent a waiting list.
David Leahy, senior counsel for NCSE and other State parties, said the school’s admission policy expressly states that the NCSE may make a designation under section 67, and the school must comply with such a designation.
Mr Leahy said his client was concerned by how applications such as the plaintiff’s are perceived. He said he was concerned about a perception that people who have a difficulty with a school waiting list can use the High Court to secure a school place.
Ms Justice Bolger adjourned the case to October.
