A High Court judge has criticised the seeking of judicial review proceedings simply to put pressure on the Minister for Education to provide instant appropriate educational facilities for an uncontrollable child.
Mr Justice Quirke said he deemed it inappropriate to grant leave to challenge judicially the Minister's efforts to provide such facilities when the Minister had been given little more than a fortnight to do so, and particularly during a school holiday period.
He had been told that a 14-yearold Dublin boy, who was beyond the control of his mother, had been made the subject of an Out of Control Order under the Children's Act and placed in St Laurence's Special School in Finglas.
On December 4th last the principal of the school had contacted the welfare authorities to report that the boy was beyond the control of the school authorities and was therefore expelled.
Yesterday the boy's mother had sought an Order for Judicial Review, directing the Minister to provide appropriate education for the boy in a suitable special school. She had also sought a declaration that the Minister had deprived the boy of his constitutional rights to an education.
Mr Justice Quirke said it was apparent from correspondence that the Minister was actively considering the mother's application and there was no evidence that the Minister had failed to look for an alternative place in a special school.
"I would consider it an abuse of the judicial review proceedings to bring an application to court simply to put pressure on the Minister," Mr Justice Quirke said. "I would have to be satisfied that the Minister had failed to place the boy in an available position."
When told that the boy's mother was concerned about something happening over Christmas, Mr Justice Quirke said his granting the application would do nothing to prevent such a happening. They would simply end up with the Minister coming to court in January or February to outline all of the efforts his Department was making to place the boy.
"If the child is in danger then some other step should be taken and it would not be correct to suggest the court, in refusing this application, is exposing him to danger," he said.
Mr Justice Quirke said that if the mother and her legal advisers were concerned about the boy's safety and welfare and felt he needed protection, than appropriate steps should be taken. The application before the court was not an appropriate step.