TCM (a minor)'s Application

[1] ������ This is an appeal against a decision of Gillen J dismissing an application for judicial review of a decision of the Special Educational Needs and Disability Tribunal (the Tribunal) made on an appeal by the appellant�s parents of a Statement of Special Educational Needs prepared on 24 March 2011 by the South Eastern Education and Library Board (the South Eastern Board). Mr Ronan Lavery QC and Ms McCrissican appeared for the appellant and Ms Murnaghan for the respondent. We are grateful to counsel for their helpful oral and written submissions.

[2] ������ The appellant is a Down Syndrome child who was born on 30 July 1998. She has severe learning difficulties. Her verbal reasoning and literacy and numeracy skills fall within the well below average range. She has weaknesses in reading skills but good functional communication. She also has hearing problems as a result of being prone to ear infections. She was due to commence secondary education in September 2011.

[4] ������ On 28 February 2011 the principal of St Joseph�s College advised the South-Eastern Board that the school had determined that a place was not appropriate for the appellant as the school was not sufficiently resourced or equipped and did not have the necessary expertise within the staff to cater adequately for the needs detailed in the child�s Statement.

[7] ������ Despite the views expressed by Mr Shivers on 24 March 2011 Ms Morrison of the South-Eastern Board sent the parents an amended Statement setting out the child's special educational needs and in respect of placement providing:

St Columbanus College is a mainstream secondary school. By notice dated 12 April 2011 the parents appealed to the Tribunal indicating that they wanted their daughter to attend St Joseph�s College.