Judge: Autistic boy was left without education and failed by authorities

An autistic boy from Belfast was left without any meaningful education for up to a year-and-a-half, a High Court judge has ruled.
An autistic boy from Belfast was left without any meaningful education for up to a year-and-a-half, a High Court judge has ruledAn autistic boy from Belfast was left without any meaningful education for up to a year-and-a-half, a High Court judge has ruled
An autistic boy from Belfast was left without any meaningful education for up to a year-and-a-half, a High Court judge has ruled

Mr Justice Scoffield held that authorities failed in their obligations to the 11-year-old who refused to attend school for periods during the pandemic.

He said: “Every reasonable and practical effort was not made to ensure he received the provision to which he was entitled.”

Hide Ad
Hide Ad

The boy at the centre of the case, who cannot be identified, has a diagnosis of Autistic Spectrum Disorder and a range of developmental difficulties.

His Statement of Special Educational Needs (SEN) included placement in a particular school setting, an intensive plan and daily specialised teaching.

But the court heard that in 2019 he began to refuse to attend classes for reasons directly related to his disability.

Between August 2020 and January 2021 he was present for only six out of a possible 160 days.

Hide Ad
Hide Ad

The boy’s mother stated that he received no education while at home and had “severely regressed” throughout the period of lockdown.

The most she could do with him was to “sit for a few minutes to count through 2ps and 1ps”.

Judicial review proceedings were brought against the Education Authority (EA), alleging a failure in its duty to the boy under his SEN.

The case centred on obligations contained in the Education (Northern Ireland) Order 1996.

Hide Ad
Hide Ad

The EA denied acting unlawfully and disputed claims that another school was better suited for the boy’s needs.

Lawyers for the authority argued that it had also supported him by an individual education plan, communication passport, and a risk assessment.

Despite identifying periods of school closure due to Covid-19, Mr Justice Scoffield concluded that the specified educational provision set out in the boy’s statement was not provided for much of the period from December 2019 to May 2021.

He acknowledged both the “incredible pressure” education chiefs faced in unprecedented circumstances, and the commitment of those involved.

Hide Ad
Hide Ad

However, the judge granted a declaration that the Education Authority failed to discharge its obligation to the boy over a period between January 2020 and April 2021.

He reached his findings “reluctantly” due to the efforts of those facing exceptional challenges.

Dealing with an alleged violation of the boy’s right to education enshrined in the European Convention on Human Rights, he held this was breached from January 2020 to April 2021.

“Put another way, the applicant did not have effective access to educational facilities in that period, either by way of his school placement or education otherwise than at school.”

Hide Ad
Hide Ad

With moves towards reintegrating the child back into school since the case started, the judge added: “It is to be profoundly hoped that further significant progress can be made in that regard in the forthcoming academic year.”

Nicholas Quinn, the boy’s solicitor, described the verdict as a vindication of his mother’s decision to issue proceedings.