IPPN

A family has criticised the Department of Education for forcing them to go to the High Court to ensure that their four-year-old son can attend school.

Rod and Jane Johnstone of Baldwinstown, Co Wexford, were one of two families at the centre of a recent case that saw Scoil Mhuire in Coolcotts, Wexford town, take the Department of Education to the High Court.

Their son, Daniel (4), was one of two children the school's autism unit was ordered to enrol -- despite only one place being available.

The other child, aged 10, is from Co Carlow and his parents appealed to a committee -- established under Section 29 of the Education Act -- which allows appeals on behalf of children whose enrolment applications have been refused. The committee ordered Scoil Mhuire to enrol their son.

As a result, Rod and Jane were told that Daniel could not start at the school, despite being top of the waiting list. They took their own Section 29 appeal, and the Department of Education ordered the school to enrol their four-year-old son.

But the board of management of Scoil Mhuire then instituted High Court proceedings to quash the enrolment orders.

The Johnstone family were notice parties and engaged legal representation, as did the other family involved.

"Both families just wanted to give their children the best chance they possibly could, but the department forced us into a position where it was us against them," said Jane.

After several days in the High Court, the department backed down and settled the case -- with legal costs in excess of €300,000.

"It could all have been avoided and that money . . . would have paid for 10 special needs assistants," said Rod.

Daniel's older brother Evan (8) also suffers from autism and attends the unit at Scoil Mhuire, and they have a big sister Ciara (10).

According to Jane: "Life isn't a bed of roses and the last thing you need is to go to the High Court to fight for something as basic as an education. Ten months of our lives were dominated by this."

- Conor Cullen