A lengthy legal battle to secure appropriate education for a severely autistic boy again came before the High Court today.
The court approved a new set of proposals for Lewis O'Carolan's education and an award of €120,000 damages against the State.
The boy's parents, who had expressed concern whether the proposals would be implemented, were told by the President of the High Court, Mr Justice Joseph Finnegan, that they could return to court if they were unhappy with the implementation.
Lewis (15) was taken out of a special school four years ago because his parents, Colm and Annette, believed it was not providing him with appropriate education. Since then, they have been seeking that appropriate education and support be provided by the State for their son.
The High Court heard today that Mr and Mrs O'Carolan from Phibsboro, Dublin, had concerns about the implementation of the proposed new package of care and education for their son.
There was a history of mistrust between the sides, the court was told. The O'Carolan's had brought the case on their son's behalf against the State, the Ministers of Education and Health.
They sought orders directing that appropriate education and care be provided and damages for the State's alleged failure to meet its constitutional obligations to provide for the boy's educational needs.
The new care package includes in-home tuition, a special care worker, respite care and a review and long-term plan involving residential placement in a customised location in St Michael's House.
The court heard that the proposals, drawn up by child psychologist Dr Brian McClean, to replace earlier proposals rejected by the parents, had been agreed earlier between the sides but that there have been difficulties in recruiting the professional staff.
Today, Mr Padraic McCartan SC, for the parents, told Mr Justice Finnegan it was accepted there was a difficulty in appointing staff but that the agreement had been reached in October.
Mr Justice Finnegan said it seemed to him that a mistrust of the willingness of the State to fulfil its obligations was not a reason for refusal of the terms of settlement.
The judge said there seemed to be an agreement that could be enforced.
Approving an award of €120,000 damages, Mr Justice Finnegan ruled that €20,000 special damages be paid out now to the boy's parents and the remainder for Lewis.
Outside court, the O'Carolans said the agreement was the first small step towards helping their son and they were reassured that they could go back in to court if nothing was done by the end of January next.