T.G.O'R [A Minor] Suing By Her Mother and Next Friend J.O.R. v The National Council For Special Education and Ors, A.B. [A Minor] Suing By Her Mother and Next Friend M.B. v The National Council For Special Education and Ors (Approved)

RECORD NO. 2025/301 JR ���������������������������������������������������������

����������������������������������������������� A.B. (A MINOR) SUING BY HER MOTHER AND NEXT FRIEND,M.B.� �������������� �����������

THE NATIONAL COUNCIL FOR SPECIAL EDUCATION, THE MINISTER FOR EDUCATION AND YOUTH, THE HEALTH SERVICE EXECUTIVE

      These two cases were heard together before me and concern issues arising in a significant number of other cases. In essence, the Applicants each challenge how the Assessment of Need (AON) process was handled by the National Council for Special Education (NCSE) and the Health Service Executive (HSE) in relation to the nomination of a person by the NCSE to assist the HSE in the assessment of educational needs pursuant to s. 8(3) of the Disability Act, 2005 (hereinafter� "the 2005 Act").

      The central dispute is that the NCSE is alleged to adopt a fixed, inflexible policy under Circular 0025/2024 (since replaced), whereby a school principal or teacher is automatically nominated to assist with an AON education assessment.