The family of a profoundly autistic young child have been unable to find a suitable primary school placement for her, the High Court has heard.
As a result, the girl's family have launched High Court judicial review proceedings against the Minister for Education and Skills, the National Council for Special Education, Ireland and the Attorney General aimed at securing her a suitable primary school placement.
Brendan Hennessy Bl, for the family, said the child is in a pre-school setting, with which her family is very happy.
However, the family are looking for a primary school setting and contacted approximately 20 different schools seeking a place for the girl.
None of the applications have been successful, counsel said.
The court heard the girl's autism is "very profound" and her educational and health needs are very complex.
While she made great progress at her pre-school, counsel said her family are fearful that all could be lost and she could regress if they cannot secure a placement for the school year commencing next September.
The child is non-verbal, is prone to self-harm, and is already far behind her peers in terms of educational attainment.
Any further delay in securing a school placement, counsel said, will "likely have significant and severe consequences for the child", who may find herself even further behind.
Counsel said the Minister and the other State respondents have been made aware of the situation and her family have not been able to secure a school place for her.
No substantial response has been received, but the family are hopeful that she will be allocated a place, it is claimed.
In the proceedings, which have been taken on the girl's behalf as a last resort, the child seeks an order compelling the Minister to provide her with an adequate and appropriate school education, in the form of a full-time school placement.
The applicants also seek declarations from the courts including that the respondents have failed in their duties to provide the child with an adequate and appropriate primary education in accordance with her constitutional right to an education, and her rights under the Educational Acts.
The matter came before Ms Justice Niamh Hyland on Monday, who granted the applicant permission on an ex-parte basis to bring the challenge.
The judge, noting that several similar cases have come before the courts as the legal year comes to an end and the new school year approaches, accepted the case is urgent.
The case will come back before court next week.
