Boy with autism sues Minister for Education over failure to provide school transport
High Court reporters
A 10-year-old boy with autism who is yet to attend school this academic year has brought a High Court action against the Minister for Education over her alleged failure to provide him with school transport.
According to court documents, the Department of Education deemed the boy eligible for its school transport scheme on of his special educational needs in September last year. However, since then, Bus Éireann has been unable to procure a service to bring the boy to school.
As a result, the boy – who cannot be named by order of the court – remains at home, unable to take up his school placement.
In a sworn statement, the boy’s mother described the situation as “an intolerable position which is causing him real harm on an ongoing basis”.
She said her child was being left behind by his peer group, “and is not experiencing the social and educational benefits of a school placement”.
A grant offered to her by the Department of Education to offset the cost of private transport is not suitable, she said.
The school – which caters for children with autism – is a “significant distance” away from the boy’s home, and neither she nor her husband are in a position to drive him there, she said. They share one vehicle and have other children, she said.
The mother said that since October 2024, she and her husband have spent €2,430 on private dyslexia reading lessons for the boy. She said she stays at home full time to care for his needs.
Judge Mary Rose Gearty on Wednesday granted leave to Paul Gunning BL, appearing for the applicant and instructed by KOD Lyons Solicitors, to bring judicial review proceedings against the Minister for Education.
The child, suing through his mother, is seeking an order compelling the Minister to provide appropriate school transport to him.
The child is also seeking a declaration that the Minister, in failing to provide any or appropriate school transport, has failed in her duty to provide services to him under the Education Act 1998.
The case returns to court next week.
