WATCH: ‘Children with special educational needs have a legal right to a suitable education’ - Nicholas Quinn, Solicitor
Currently 109 children in the North without a post-primary school place for September 2026.
A solicitor specialising in special educational rights said “children with special educational needs have a legal right to a suitable education”.
Nicholas Quinn was speaking to The Derry News following the revelation there are currently 109 children in the North without a post-primary school place for September 2026.
20 of these are in the Derry City and Strabane District Council area, the second highest Local Government District after Mid and East Antrim, which has 21 unplaced children.
“It is important to bear in mind, children with special educational needs, in particular those that are statemented, have a legal right to a suitable education and it can be enforced in law,” said Mr Quinn.
Outlining the process is in relation to parents endeavouring to secure a [post-primary] school of preference in relation to Special Educational Needs (SEN) children, he added: “The overarching theme is that any pupil, and by extension their parents, who has a statement of special educational needs or even a draft, that creates and opens up a series of legal rights that can be enforced.
“Typically parents who instruct me aren’t aware as to the framework, as to the finer detail in terms of how you enforce those rights but in so far as it relates to parents nominating a school of preference, the law, by virtue of regulations, says the Education Authority (EA), once notified by a parent of their school of choice, is obligated to consult with that school or those schools.
“Those schools then have 15 days to respond to that consultation, to say whether or not they can accept that pupil. There is then an outer limit of eight weeks by which the EA must name a school in part 4 of the statement and finalise the statement.
“The importance of that is, once the statement is finalised, a parent can appeal if they are not happy with the school named in part 4.
“However, before you get as far as any appeal, it is important to bear in mind there are really only two statutory defences or two real main reasons why the EA can say no to parents, who may want school X.
“One is typically that that child’s age, ability or aptitude would make them unsuitable for that particular school. The other is, typically again, that it would be inefficient or would affect or impair the ability of that school to accept that pupil because it might have an impact on other pupils with whom they would be educated.”
Mr Quinn said he has found in a lot of cases, the EA either is not finalising statements within the eight week period or when it does finalise the statement it will name a school in respect of whom the child’s profile is incompatible.
He added: “So typically, children with a profile that really ought to be a special school, the EA in its wisdom is naming mainstream schools, maybe with Specialist Provision in Mainstream Schools (SPiMS) or units attached, which are simply unsuitable.
“Again, those sorts of things just as a matter of law can be challenged, either through the High Court by way of judicial review, or through the Special Needs and Disability Tribunal (SENDIST), which can basically step over the EA and name a suitable school.
“Essentially there is a suite of legal rights available and it is important to bear in mind that children with special educational needs and in particular those that are statemented, have a legal right to an education, a suitable education. It can be enforced in law.”
Since the letters of offer for Year 8 school places for September 2026 were issued a week ago, The Derry News has been contacted by several parents whose SEN children remain unplaced.
Jake Gillen and his mum Karen.
“We were advised by the psychologist and the Special Educational Needs Coordinator (SENCO) and the principal in the school that Jake the unit [In St Brigid’s College] would be more suitable for him, as mainstream no longer fits his requirements,” said Karen.
“The EA got back to me last week and said there was no space in the unit for him. The person I was speaking to on the phone recommended that Jake should go into mainstream education, with one-to-one support - his own classroom assistant.
“But that is what Jake currently has and has had that through his whole education, since Primary One. Since September 2025 he has had a classroom assistant for 27 and a half hours per week, and mainstream still hasn’t become any easier for him.
“He is still becoming highly anxious, really emotional, so dysregulated. His learning is suffering. He spends more time out of the classroom than in the classroom, so most of the day is just about keeping him calm. It is not about teaching him.
“The EA told me while they understand Jake has a need, they just don’t have space for him in special provision.
“It was actually recommended to me when Jake was in Nursery school, by a psychologist, teachers and SENCOs, that he would be more suited to a unit [for his primary school education]. I followed the EA’s advice then and let him go to mainstream but I should not have done that because it has been to his detriment. He hasn’t progressed any.
“If Jake has been recommended special provision since he was four years old, I don’t see how the EA can just say he can’t have it and just expect him to suffer in mainstream now for another five years.
“If I was having a one-to-one conversation with the Education Minister Paul Givan today, I would say, I don’t think families should be pushed to this kind of crisis before there is any action taken.
“No child should be suffering from any mental health issues like anxiety with the emotion of it all. It is so upsetting. They [Education Department and EA] have no idea of the impact is has on the child and the rest of the family when they are making these decisions.”
Derry Aontú representative Emmet Doyle described the numerous families contacting him about their ‘unplaced’ children as “distraught”.
“I have engaged with party colleagues and the Children’s Law Centre and they are keen to hear from any family affected, as is the Legal section of the Children’s Commissioner’s office. I’d urge any family affected to make contact with them without delay.”