A decision by the High Court today on a test case aimed at securing a specific form of education for a five-year-old autistic boy will have implications for the State's funding responsibilities in relation to the education of hundreds of autistic children.
The action brought on behalf of Seán Ó Cuanacháin ran for 68 days from January to July at the High Court last year, making it the longest case of its kind, with legal costs estimated at more than €5 million.
Mr Justice Michael Peart reserved judgment and will give his decision this morning. Representatives of Irish Autism Action, a support group for people with autism, as well as parents who are seeking the same educational provision for their children, are to attend court for the decision.
Seán, through his father Cian, from Arklow, Co Wicklow, sued the Minister for Education, the Minister for Health, the South Western Area Health Board, the East Coast Area Health Board and the State over their alleged failure to meet his educational and healthcare requirements.
It was claimed the State has failed to provide Seán with adequate free primary education - 30 hours' tuition per week - according to the system of Applied Behavioural Analysis (ABA), which Seán's side contends is an internationally recognised methodology of teaching children with autism.
The State denied the claims.
Opening the case, Paul Sreenan SC, for Seán, said the action was concerned with the past and the future. He was seeking compensation for the failure to provide appropriate education to date and also wanted to compel the defendants to provide adequate and appropriate education into the future.
Seán was diagnosed as having autistic spectrum disorder in October 2002 and it was stated he would require appropriate services from the health board and the Department of Education. He has had home tuition funded by the department since December 2002. Funding was increased to 15 hours per week by January 2004.
In November 2003, Seán was assessed by an educational psychologist who recommended that he have ABA tuition for 30 hours per week. However, that was not provided, it was claimed.
Since February 2004, Seán attends St Catherine's pre-school, Barnacoyle, Co Wicklow for 14 hours per week. He had access to ABA which is funded by the State but for less than half of the required hours, it was claimed.
