A significant number of children in the Netherlands are unable to access education that meets their needs. Balans estimates that more than 70,000 children did not receive fully appropriate education in the 2023-2024 school year. The official figures provide only a partial picture of the issue, as children who are partly absent or otherwise remain outside the formal registration system are not always included.

In June 2026, Balans announced that it was preparing potential class action proceedings against the Dutch State (please be referred to our earlier article on this here). Since then, the initiative has received broad support. Around 8,000 children, parents and other stakeholders have expressed their support through Balans’ website, while more than 40 organisations have signed a declaration supporting the initiative’s objective of addressing the issue in a structural way.

As a next step, Loyens & Loeff, together with PILP have sent a formal letter on behalf of Balans to the Dutch State, inviting the Dutch State to engage in dialogue on concrete, appropriate and enforceable measures aimed at ensuring that every child has effective access to education that meets their needs. In its letter, Balans underscores that the current education system contains structural shortcomings that prevent a significant number of children from accessing appropriate education.

Balans has asked the Dutch State to confirm that it is prepared to engage in dialogue and to discuss concrete measures to address these shortcomings in the current education system. If dialogue does not take place, proves unsuccessful, or does not result in sufficient progress, Balans will consider initiating class action proceedings before the Dutch courts on behalf of children in the Netherlands who do not have effective access to education that meets their needs, seeking measures to ensure compliance with the State's obligations under national and international law concerning access to appropriate education.

Loyens & Loeff is pleased to support Balans on a pro bono basis in this matter, together with PILP.