In the Matter of an application by N (a minor) by C his father and next friend for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 07 October 2004 |
| Neutral Citation | [2004] NIQB 65 |
| Date | 07 October 2004 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2004 |
1
Neutral Citation No: [2004] NIQB 65 Ref:
GILC5096
Judgment: approved by the Court for handing down Delivered:
7/10/04
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (CROWN SIDE)
________
IN THE MATTER OF AN APPLICATION BY N (A MINOR)
BY C HIS FATHER AND NEXT FRIEND FOR JUDICIAL REVIEW
________
GILLEN J
Introduction
[1] I have anonymised the name of the applicant and his father in this
judgment in order to protect the identity of the child. In this matter C, the
father and next friend of N a minor, initially applied by way of judicial review
for an order of certiorari to quash a decision of the South Eastern Education
and Library Board (“the Board”) not to proceed with a statutory assessment
of the applicant child on the basis of a report received by Mr Frank Fee,
Educational Psychologist. He further sought a declaration that the decision
was unlawful, ultra vires and of no force, for an order that the matter be re-
considered and determined by the Board, and for an Order of mandamus
compelling the Board to conduct a statutory assessment of the child and to
make such provision as was necessary for the special educational needs of
him.
[2] The application was made on 13 August 2004 and I granted leave for
judicial review on 18 August 2004. On 17 September 2004, the applicant
sought leave both to amend the relief sought and grounds upon which it
should be granted. The applicant, now in addition to the outstanding relief,
claimed an order of certiorari to quash the decision of the Board not to
proceed within an reasonable time with a stage 3 referral of the child on the
basis of the report provided by Mr Fee and for an order of mandamus to
compel the Board to comply with a request for consultation with an
educational psychologist dated 3 November 2003 and to provide such
assistance as was required in respect of the special educational needs of the
child.
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L’s Application
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