The boy, now 25 years old, was diagnosed with attention deficit hyperactivity disorder (ADHD) and has Asperger’s syndrome.

The suit, filed in 2017, named Sekolah Menengah Pendidikan Khas Vokasional of Seksyen 17 in Shah Alam, its then headmaster Sazali Karli, the education ministry and the government as defendants.

They contended that the school and government were obliged to provide the boy a safe and comfortable environment and ensure its teachers and support staff were trained to handle students with special needs.

However, Justice Nik Hasmat Nik Mohamad ruled that the plaintiffs failed to prove their claim against the defendants on a balance of probabilities.

“The plaintiffs relied on four ‘bullying’ incidents (said to have taken place in 2016) to prove their case against the government.

“As I look at the whole evidence, the mother was not present when three out of the four incidents happened,” Nik Hasmat said.

Neither did the son report the incidents to the school, she said, adding that there was no testimony from witnesses to corroborate the plaintiffs’ assertions.

The duo had claimed that the boy was bullied and assaulted three times. On a fourth occasion, they alleged that a classmate had threatened to harm him.

The judge noted that despite the alleged incidents, the mother made no attempt to transfer her son out from the school. Instead, the boy stayed on and completed his education there.

She also found that there was no breach by the government of its statutory and common law duties to the boy.

“The government did not contribute to (any of the) incidents,” Nik Hasmat said.

The duo were ordered to pay RM10,000 in costs to the government.

The mother and son were represented by lawyers Sangeet Kaur Deo and Tan Chee Kian.

Senior federal counsel Radzi Shah Ab Razak and Safiyyah Omar appeared for the school and government.