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High Court: (a) grants a declaration that, insofar as the Minister for Education had adopted a policy not to create any new 'Specific Learning Disability' (SLD) classes, such a policy was ultra vires the relevant legislation; (b) determines that the erroneous sanctioning of a new SLD class by the National Council for Special Education, in April 2021, did not give rise to a legitimate expectation on the part of the applicant (a child with severe dyslexia), in circumstances where the error had been corrected promptly by the Minister in May 2021; and (c) grants a declaration that, as of November 2021, the applicant's educational needs were not being met, but defers any final orders pending a 'Special Education Needs' inspection that had been directed by the Minister.
Judicial review - withdrawal of sanctioning of a 'Specific Learning Disability Special Class' (SLD) - sanctioned in April 2021 by National Council for Special Education - withdrawn in May 2021 by Minister - applicant with severe dyslexia - whether right to education being met - whether policy of Minister in not funding new SLD classes fetters discretion - procedure for adopting 'new model' for primary education - Art. 42.4 of the Constitution - Education Act 1998, s 6 - rights of children with disability - whether 'new model' was appropriate - whether court entitled to intervene in matters of policy - whether inflexible policy adopted by Minister - doctrine of legitimate expectation - whether child receiving an appropriate education.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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