Coronavirus: Department facing legal action over special schools

The Department of Education is being taken to court over its renewal of legislation on how special schools operate during the lockdown.

Last week, social distancing was removed as a requirement in childcare.

However, at the same time Education Minister Peter Weir said the advice to special schools will remain the same for the time being.

That advice, issued at the start of the pandemic, will remain in place until at least the end of August.

The Department of Education said that since 23 March, "supporting vulnerable pupils including those with Special Educational Needs has been central to the department's response to Covid 19".

There are 39 special schools in Northern Ireland. About half are providing provision over the summer months but it is more limited than in previous years.

At the start of the outbreak, the Department of Education changed the law to say it was no longer a legal requirement for special needs schools to open.

That legislation has now been renewed but many parents feel it allows special schools to remain closed or only provide a very limited service for pupils coming up to the new school year.

Solicitor Nicholas Quinn is taking the legal action on behalf of a child with special needs.

He said it is also a representative action on behalf of the many thousands of other pupils educated in special needs schools across Northern Ireland.

"The purpose of the proceedings is to have the ongoing departmental notices quashed for failure by the Department of Education, and to carry out proper consultation with those affected by their decision," said Mr Quinn.

'Avoid proper provision'

Seamus Flannigan, whose son, Eoin, is among the children affected, said it felt like the legislation is being used by some schools "to avoid reopening on the 24 August and to avoid providing proper provision over the summer".

"My son is so badly affected by being out of school," said Mr Flannigan.

"He has been offered six hours since the school closed in March.

"That's an hour and a half at a time.

He said it "hasn't really helped" his son as "he doesn't understand why he's going to school some days and not others, and he's no sooner in than he's coming home again".

'No consistency'

Mr Flannigan said he is also dissatisfied with the communication from his son's school.

"We have heard very little, only that he's due to go back for two days a week in September," he said.

"Yet I've heard of other special schools reopening full time from 24 August. There's no consistency and I don't understand why.

"I feel that on the same day Arlene Foster announced all Covid-19 restrictions were being lifted in childcare they announce this as well, it's a joke."

Carly Braiden's son, Rudy, is 11 and he, too, has suffered a significant deterioration in his behaviour since lockdown began.

She said over the last few months her family has not been able to function.

"The lack of routine has resulted in an escalation in his challenging behaviour," she said.

"He bangs his head against the wall, he punches his own head. He pushed me down the stairs and injured his daddy twice. He was hospitalised last week when he put his head through the kitchen window.

"I've been in contact with the trust quite extensively but I feel there is a complete lack of provision for my family and others like us. The only help we have had has been from the charity, Kids Together, and I'm very grateful for it."

In a statement, the Department of Education said the outbreak of Covid-19 presented "unprecedented and unique challenges for the Northern Ireland Executive and departments".

It added that moving towards 24 August, when pupils are due to return to school, it will be "engaging closely with key stakeholders over the coming weeks to ensure children and young people are afforded the smoothest transition back into school as is reasonably practicable.

"It is within this context that the restriction of education access and provision must be viewed.

"The decision to apply the modification to 'best endeavours' was not a measure to reduce access to services for children with special education needs rather a response to the challenges which Covid 19 presented within the education and health systems."

There will be more on this story on tonight's Evening Extra programme on BBC Radio Ulster from 16:00 BST.