School battle over autistic boy is settled

The Autism News | English

By Tim Healy

Thursday July 02 2009

A HIGH Court dispute over a secondary school’s refusal to enrol a 14-year-old boy with autism was settled yesterday.

Colaiste Chiaran Community School in Leixlip, Kildare, had brought the action, claiming a decision by a Department of Education-appointed committee requiring it to admit him had failed to observe its enrolment policy.

Following agreement yesterday between the school and the department, Mr Justice Kevin Feeney quashed the original decision requiring the boy to be enrolled, on grounds that the committee involved had made its decision on “legally irrelevant” considerations.

The judge said the court would recommend that a new committee would address the suitability of the child, having regard to the school’s admissions policy, probably in the first week of August.

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During the hearing, the court heard the boy applied to be enrolled in September last and was turned down by the school in October.

The mother appealed and the department-appointed committee decided he should be enrolled because the school had capacity in a special unit for autism and because it was the school of choice by his parents.

The school board of management had sought an order quashing the decision, claiming it was irrational and, in reaching its decision, it failed to take into account relevant material, including the fact the school could not cater for his needs. The court also heard yesterday the child had been receiving home tuition.

Mr Justice Feeney also ruled that the the Department of Education is responsible for paying the costs, for one day of the two-day hearing, for the school and for the mother who was a notice party in the proceedings.

Source: http://www.herald.ie/national-news/courts/school-battle-over-autistic-boy-is-settled-1802384.html

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