A number of children with special educational needs have taken a High Court challenge against a decision by the Minister for Education not to reopen schools for pupils with additional needs.
Lawyers representing the children made the application before a sitting of the High Court this morning.
The court heard the five cases were a representative selection of 230 parents who are being advised by one Dublin law firm.
The court ruled none of the children or families involved in the cases can be identified.
Senior Counsel Derek Shorthall told Mr Justice Charles Meenan the children affected by the decision not to reopen special education represented 4% of the school-going population.
These children could not benefit from home tuition, he said.
Mr Shorthall said some of the children had multiple disabilities and attended either special schools or special education classes in mainstream schools.
He said serious issues were arising with some children in terms of self harming and there were "harrowing circumstances" outlined in some of the sworn statements which will be submitted in the case.
The court was told that on 19 January, the Minister for Education announced that her department would not be reopening schools for those with additional needs "owing to a lack of cooperation from key staff unions".
It was understood that the National Public Health Emergency Team deemed schools to be safe.
Mr Justice Charles Meenan said, essentially, the plaintiffs were asking for a mandatory injunction directing the minister to open the schools.
He observed it was likely the minister would argue "yes, we want the schools open but there is no-one to run them".
Mr Shorthall said that was a matter between the minister and the unions. He said the minister had a responsibility to provide education and had indicated such schools should reopen.
It was a matter for the minister to reopen the schools but she had not directed the schools to reopen.
He said they were not seeking at this stage to add the unions as notice parties to proceedings and asked that the issue be left over until the case returns to court next Monday for mention.
We need your consent to load this rte-player contentWe use rte-player to manage extra content that can set cookies on your device and collect data about your activity. Please review their details and accept them to load the content.Manage Preferences
In their application for judicial review the families will ask the High Court for a declaration that the minister and the State have failed in their duty to provide for an adequate and appropriate primary education as set out in the Constitution and the Education Act 1998.
They will also ask the court for a mandatory order compelling the minister and the State to provide an adequate and appropriate education.
