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) [2026] IEHC 194 (27 March 2026)

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) [2026] IEHC 194 (27 March 2026)

The Court held that while routine nomination of teachers by the NCSE is not unlawful per se, the NCSE must exercise its statutory discretion under s.8(3) of the Disability Act 2005 on a case-by-case basis and cannot treat ministerial circulars as binding policies that exclude consideration of other appropriate experts. The HSE Assessment Officer must independently assess educational needs and cannot simply adopt the NCSE nominee's report as the statutory assessment. Circular 25/2024, to the extent it suggested otherwise, was inconsistent with the statutory scheme. However, as Circular 25/2024 had been replaced by Circular 69/2025, which addressed the Court's concerns, and given the...

Citation
[2026] IEHC 194
Parties
Applicant: C.D.; First Respondent: Health Service Executive (HSE); Second Respondent: National Council for Special Education (NCSE); Notice Party: Minister for Education
Jurisdiction
Ireland
Judgment Date
27 March 2026
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Relief refused
Legal Topics
Assessment of Need, Statutory Interpretation, Special Educational Needs, Fettering of Discretion, Ministerial Circulars, Role of NCSE and HSE, Resource Blind Assessments
Administrative Law Education Law Disability Law Assessment of Need Statutory Interpretation Special Educational Needs Fettering of Discretion Ministerial Circulars +2 more

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Parties

C.D.

Applicant

Health Service Executive (HSE)

First Respondent

National Council for Special Education (NCSE)

Second Respondent

Minister for Education

Notice Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Circular 25/2024 unlawfully fettered the NCSE's statutory discretion under s.8(3) of the Disability Act 2005
  2. 2 Whether the NCSE's nomination process for persons with 'appropriate expertise' complied with statutory requirements
  3. 3 Whether the HSE Assessment Officer lawfully discharged their duty under s.8(7) of the 2005 Act

Ratio Decidendi

The Court held that while routine nomination of teachers by the NCSE is not unlawful per se, the NCSE must exercise its statutory discretion under s.8(3) of the Disability Act 2005 on a case-by-case basis and cannot treat ministerial circulars as binding policies that exclude consideration of other appropriate experts. The HSE Assessment Officer must independently assess educational needs and cannot simply adopt the NCSE nominee's report as the statutory assessment. Circular 25/2024, to the extent it suggested otherwise, was inconsistent with the statutory scheme. However, as Circular 25/2024 had been replaced by Circular 69/2025, which addressed the Court's concerns, and given the...

Court Disposition

Relief refused