The High Court has been told a 14-year-old girl with learning difficulties needs to be in school.

Angel McDonagh of Nutgrove Crescent in Rathfarnham is currently receiving home tuition paid for by the State.

She has been diagnosed with Spina Bifida, attention deficit disorder, behavioural difficulties and attachment disorder and has the mental capacity of an 8 or 9 year-old-child.

She was expelled in January 2012 from St. Michael's House Grosvenor School in Dublin for children with intellectual disabilities over concerns her presence was a threat to the safety of teachers and other students.

Her father James McDonagh wants a court order compelling the Education Minister to take immediate steps to provide his daughter with an appropriate educational placement.

Mark de Blacam, SC, acting for Mr. McDonagh, said Angel 'needs to be placed in a school to learn socialization skills' and 'how to inter-react with her peers'.

Ms. Justice Iseult O'Malley was told that no other school has been identified as willing and capable of taking on Angel and lawyers for the Minister for Education say they cannot force any school to do so.

'Constitutional right to primary education'

Mr. de Blacam submitted that it is an 'extreme case'. He said for the Constitutional right to primary education to mean anything, the Minister has an obligation to find an appropriate place for Angel McDonagh.

'She’s clearly extremely problematic, but she has the right to an education. She should be in school' he said.

Lawyers for the Education Minister say the application is mis-conceived.

Conor Dignam, SC, said the Minister is discharging his obligations by providing Angel with home tuition and funding. It was a temporary solution that is 'not ideal', he said.

He submitted that any school placement is 'doomed to failure' without the involvement of the HSE in order to provide Angel with the necessary psychiatric and therapeutic services.

Ms. Justice O'Malley will make a ruling on March 22nd.