Access to special education remains one of Ireland’s most serious challenges. While recent commitments coming from the Government offer some semblance of hope, many families still face delays, rejections and uncertainty when trying to secure a suitable place for their child.

Families are being forced into an impossible situation. Cases have emerged of young autistic children left without a place in their local special education schools. In some instances, we have seen examples where oversubscribed schools have resorted to a lottery-style draw for the limited number of available places, leaving many families without certainty for the year ahead. This is distressing and is a clear example of the lack of resources and planning that were put in place for special needs children.

This situation is not unique. Across the country, parents are reporting rejection after rejection from schools. Some families have received dozens of refusal letters, leaving them with no choice but to deliberate taking legal action, and many have gone public with their struggles. For many, this is deeply distressing and comes at a time when their focus should be on supporting the needs of their child.

Article 42 of the Constitution guarantees every child the right to an education. However, families are being forced into the High Court to ensure this right is upheld. The fact that it has recently been established that the Department of Education has a dedicated ‘Special Educational Needs Litigation Unit’ demonstrates just how widespread this problem has become. This is a grim indication of how broken the system is, as families are being forced to take matters to court to ensure what should be a fundamental and incontestable entitlement.

Families frequently describe a cycle of broken promises, poor planning and being told to accept whatever place is available, regardless of suitability. While some schools have made significant efforts to support children, others have yet to establish special classes, resulting in unequal pressure across communities.

New measures announced by Ministers Helen McEntee and Michael Moynihan include moving forward the application date for special school places to 1 October 2025, giving more time to prepare for the 2026/2027 academic year. Plans have been announced to open additional schools and classes, with over 400 new special classes and 300 new school places expected. However, repeated promises and failures have left a veil of scepticism amongst families.

While these are welcome steps, for families who are experiencing this crisis, this change cannot come quickly enough. Protests, sleep-outs and public campaigns are indicative of the desperation of parents who are simply seeking what the State is constitutionally obliged to provide: an education for their child.

A centralised and transparent application system, as recently recommended by Catherine Ardagh TD, could help eliminate the painful and inequitable rejection process many families face. Greater investment in school infrastructure, early provision of therapists within schools and workforce planning to address recruitment gaps are also urgently required.

Without these reforms, children will continue to lose out on crucial years of early intervention, and families will remain trapped in uncertainty.

At Coleman Legal LLP, we work with families whose children have been denied appropriate educational supports or places. If you are experiencing difficulties accessing a suitable school place, therapies, or supports for your child, please do not hesitate to contact us. Our team is here to advise and support you in vindicating your child’s rights.