Cassim NO v MEC, Department of Social Development, Free State: A missedopportunity to set the parameters on exclusionary criteria in school admission processes for children with disabilities

Children with disabilities frequently experience significant problems when seeking admission to educational and alternative care settings, sometimes with conditions being attached to their admission. Cassim NO v MEC, Department of Social Development, Free State 2021 (1) SA 184 (FB) demonstrated that the conditional admission of a child with multiple disabilities and experiencing substance-abuse challenges to a special school is unconstitutional, even during a global humanitarian crisis such as the COVID-19 pandemic. The court determined that the school’s exclusionary admission criteria were discriminatory, breaching her rights to education and to access care. Although the decision did not address in detail the negative implications of delayed school enrolment, the case emphasised the urgent need for legislative reform concerning admission procedures for children with high-level support requirements to enhance inclusive education.