LC (a minor), Re Judicial Review

[1] The applicant, LC, was born on 13 February 2008. He is aged seven years. His mother, LT, has acted as his next friend during these proceedings. The parents of the applicant have endeavoured to ensure that adequate provision has been made for the applicant's educational needs. Indeed, these proceedings relate to the "special educational needs" of the applicant arising out of a number of different medical conditions including epilepsy, severe speech and language disorder/dyspraxia, central hypotonia and Autism Spectrum Disorder ("the medical conditions").

[3] The two issues argued before this court and on which leave was granted, were:

(i) Whether a declaration should be granted that the decision of the Board made in January 2013 not to make a statutory assessment in the applicant's case was unlawful, ultra vires and of no force or effect?

(ii) Whether a declaration that the Board's decision about classroom assistance unlawfully fettered its discretion and failed to give individualised consideration to the applicant's special educational needs?

[5] The applicant started at a mainstream primary school controlled by the Board in September 2012. He had a host of difficulties which he had to overcome to access the learning on offer due to his medical conditions. These included a severe communication disorder, reduced core and proximal stability which affected his balance and which caused him to fall easily, and he also had problems with his fine motor skills. During his time at the school he developed absence episodes consistent with epilepsy.