Legal action over school closures adjourned

ireland
Legal Action Over School Closures Adjourned
The applicants sought orders compelling the Minister and State to provide the children with an adequate and appropriate education on the basis of the Constitution. Photo: Getty Images
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Ann O'Loughlin

The planned partial reopening of schools for pupils with additional educational needs on a phased basis has lead to an adjournment of High Court challenges brought on behalf of a number of such children.

When consenting today to the cases being adjourned, Derek Shortall SC, for the children, said it is hoped, given the planned reopening, it would not be necessary to advance the cases any further.

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Last week, five judicial review actions were initiated against the Minister for Education, Ireland and the Attorney General over the failure to reopen schools for those children during the level 5 Covid-19 restrictions.

The applicants sought orders compelling the Minister and the State to reopen the schools for children with additional educational needs.

The applicants sought orders compelling the Minister and State to provide the children with an adequate and appropriate education, on the basis of obligations under the 1988 Education Act and Article 42 of the Constitution.

They sought injunctions aimed at compelling the State provide the children with appropriate and adequate education.

Prior to the January 19th announcement, the respondents believed it was appropriate the schools should have re-opened as planned on January 21st, it was claimed.

The parents fear for their children's mental and physical well-being and said the National Public Health Emergency Team and the government had deemed schools safe to re-open, it was stated.

The court heard some of the children have severely regressed in basic skills due to the school closures and lack of supports they would normally get as part of their education.

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