A seriously disturbed autistic boy has had to wait months for a hearing of his constitutional action seeking urgent services, the High Court was told. Mary Carolan reports.
Dr Michael Forde SC, for Lewis O'Carolan (14), of Phibsborough, Dublin, said yesterday the boy had a very serious condition and his parents were at the "end of their tether" in seeking appropriate services for him.
The boy has been out of school for some 18 months and his parents say they are having enormous difficulties in trying to care for him at home.
Dr Forde was applying to the President of the High Court, Mr Justice Finnegan, for a date for the full hearing of the boy's proceedings against the State and the Northern Area Health Board.
The judge said he would fix December 7th for the hearing.
Mr Barry O'Donnell, for the health board, said his side was ready for hearing but wished to file another affidavit to outline the updated position.
The board had made "strenuous efforts" for the boy.
In seeking a hearing date, Dr Forde said his side had secured leave in December 2003 to bring the judicial review proceedings. A statement of opposition was received from the respondents in March 2004 and in July 2004 a date for the full hearing was sought but they had to await the availability of a judge.
This boy was in a very serious condition and his plight was such that it had attracted a full-page article and editorial in The Irish Times, counsel said.
This was a case about constitutional rights of a child and, counsel said, he had noted that a certain planning case was getting "a fast-track hearing".
What comparison, he asked, was there between a child's constitutional rights and difficulties with a planning authority? The boy's mother was nearly at the end of her tether, Dr Forde added.
The boy was diagnosed autistic at the age of four.
In his proceedings, it will be claimed that he has never received the education or therapy appropriate to his needs and, consequently, his constitutional rights have been breached.
The boy is seeking orders compelling the provision of such education and therapies.