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High Court rejects three-week adjournment of special education cases

Mr Justice Charles Meenan refused the application for a three, or a two-week adjournment
Mr Justice Charles Meenan refused the application for a three, or a two-week adjournment

The High Court has been told that officials at the Department of Education are "working tirelessly" to put in place arrangements for the reopening of classes for children with special educational needs.

Lawyers for the Minister for Education made the submission as they requested a three-week adjournment of five test cases challenging the decision not to reopen schools last month.

Counsel for the five children in the test cases Derek Shorthall SC told the court it was agreed between both sides that two of the five cases would be selected as "lead cases".

Mr Shorthall said they were anxious that an early hearing date be set due to the "rather serious and severe prejudice to the children".

He said the "facts are extremely harrowing in these cases and involve very serious risk to the children if they are going to be out of school for any kind of further extended period".

While those taking the cases understood the Minister needs time to prepare for the case, they were nonetheless asking the court to fix a hearing date at the earliest realistic opportunity. 

Senior Counsel Catherine Donnelly for the Minister said it would be premature to set a hearing date at this stage. She requested a three-week adjournment but was immediately told by the judge that would not be granted.

Ms Donnelly said she would need at least a two-week adjournment because the officials who would have to give evidence in the cases were "working tirelessly" to put in place arrangements to have the schools reopened.

Mr Justice Charles Meenan refused the application for a three, or a two-week adjournment, saying the cases must be treated as a matter of urgency. He said the Minister must lodge opposition papers and sworn statements by next Monday before a hearing date for the cases can be set.

Last week, the court was told the five test 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.

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.