Judge expresses concern at speed of assessment for child who has been out of school for a year

Ms Justice Leonie Reynolds voiced her concern in a case where the State disputes a diagnosis of the boy as having Asperger's Syndrome, which is a form of Autism.

Judge expresses concern at speed of assessment for child who has been out of school for a year

A High Court judge has expressed her concern over the speed in which an independent assessment of an eight-year-old boy, who has been out of school for more than a year, is being conducted.

Ms Justice Leonie Reynolds voiced her concern in a case where the State disputes a diagnosis of the boy as having Asperger's Syndrome, which is a form of Autism.

In proceedings against the Minister for Education, Ireland and the Attorney General, the boy through his mother seeks various orders and declarations including a declaration that the Minister is in breach of the child's constitutional right to an education.

The boy, who has been out of school since late 2017, also seeks orders that he be placed in a local school that can adequately address his special needs and that he be properly assessed so that the supports he needs are put in place so he can have an adequate and effective education.

The case first came before the court in September but was adjourned arising out of a dispute between the parties concerning a diagnosis that the child has Asperger's Syndrome.

It had been agreed that the child would be assessed by an independent third party.

When the matter returned before the High Court today, Ms Justice Reynolds voiced her concern that the assessment had not yet been carried out.

The court heard the matter had been delayed because the person initially nominated to conduct the assessment works for the HSE and could not be deemed independent.

While an independent assessor had now been agreed the applicant's side had still to be furnished all the necessary details about the process, Owen Donnelly Bl for the child said.

Lawyers for the State defendants, who sought to have the matter adjourned, said that the delay was not all their side's fault.

The applicant's side had only agreed to the proposed assessor in November, the court heard.

Ms Justice Reynolds said that the assessment had been agreed in early September in a case involving a young child who has been "out of school" for some time.

The Judge said she was adjourning the case for a week.

When the case returned the judge said she "expected to be appraised" of all the details concerning the proposed assessment of the child.

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