The parents of a nine-year-old autistic boy have brought a High Court challenge to a decision by the Department of Education to withdraw a home tuition grant for their son.
In applying for leave yesterday to bring the challenge, Cormac Corrigan SC, for Simon McDonnell, suing through his mother, Mercedes McDonnell, Clontarf, said the boy had special needs and was on the autistic spectrum.
Simon's parents had been paid a home tuition grant for the past five years but it was to be withdrawn from December 22nd.
Mr Justice Michael Peart granted leave to bring judicial review proceedings aimed at overturning the Minister's decision to withdraw the grant.
A declaration is also being sought to the effect that the Minister, the Health Service Executive and the Attorney General failed in their statutory obligation to provide for and maintain an appropriate education for Simon.
In an affidavit, Ms McDonnell said that because of her son's autism, he required one-to-one intensive therapy and did not have the ability to learn like other children. She said payment of the home tuition grant began in 2001 for Simon and continued after he was enrolled in school. For the last five years, Simon had had home schooling as well as his regular school day, she said.
After they applied for the grant for the year 2005/2006, the Department of Education replied at the end of September stating: "Home tuition is only intended as an interim measure until a suitable school placement is secured."
She was informed the grant would be withdrawn unilaterally on December 22nd this year.
The decision to withdraw the grant was made without consideration of Simon's needs by a special educational needs organiser, Ms McDonnell said. The grant had been paid for more than four years after Simon went to school and there was a well-founded expectation it would continue in to the future.
The grant was pivotal in Simon's life as it opened "a window of opportunity to avail of some of life's chances", she said. "Simon's needs cannot wait any longer."