JR154, JR155 and JR156's (all minors) and their Next Friends Applications (Leave stage)

JurisdictionNorthern Ireland
JudgeColton J
Neutral Citation[2022] NIQB 54
CourtQueen's Bench Division (Northern Ireland)
Date15 July 2022
1
Neutral Citation No: [2022] NIQB 54
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: COL11900
ICOS No: 2020/57498/01
2020/59503/01
2020/59504/01
Delivered: 15/07/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF APPLICATIONS BY JR154, JR155 AND JR156
(ALL MINORS) AND THEIR NEXT FRIENDS FOR LEAVE TO APPLY FOR
JUDICIAL REVIEW
___________
Mr Michael Ward (instructed by Kathryn Stevenson, Solicitor, Children’s Law Centre)
for the Applicants
Mr Michael Neeson (instructed by Departmental Solicitor’s Office) for the Proposed
Respondent
___________
COLTON J
Introduction
[1] Each of the applicants has complex special educational needs and disabilities.
As a result each of them is entitled to the provision of educational placement in
special schools.
[2] There is no doubting the needs of any of the applicants or the commitment of
their parents to their care.
[3] These applications were triggered by the issuing of what are known as
Temporary Modification of Educational Duty Notices pursuant to the Coronavirus
Act 2020 which conferred upon the Department of Education (“the Department”) the
power to disapply or modify the educational duties owed to each of the applicants.
[4] By these proceedings the applicants seek leave to challenge a series of such
notices issued by the Department.

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