Lawyers for a four-year-old autistic child told the High Court yesterday his parents were concerned the boy would suffer as a result of the State's decision to seek a stay on the implementation of a High Court order requiring it to provide 29 hours of home tuition for him.
The State was prepared to pay for 23 hours of home tuition a week pending the outcome of its appeal against the High Court order, but not 29 hours as the court had directed, Ms Justice Laffoy was told.
The cost of the extra six hours was about €244 per week, which would amount to around €5,000 by the time the State's appeal was heard on November 9th.
Mr Frank Callanan SC, for Jeremiah Cronin, suing through his mother, Margaret, of Kilbarry, Macroom, Co Cork, asked the judge to vacate the stay.
However, his application was opposed by Ms Ann Power, for the Minister for Education and Science and the State, who argued the matter was now one for the Supreme Court.
After considering the arguments, the judge said she had some doubt regarding her jurisdiction in the matter and, "with some diffidence", would decline to vacate the stay.
The proceedings arose after Ms Justice Laffoy, in a significant decision on July 3rd, ordered that the Minister for Education and Science increase from 20 to 29 hours the home tuition provided each week to Jeremiah.
It is significant that the judge made such mandatory orders against the State at interlocutory stage (pending the full hearing of the action in which Jeremiah is seeking declarations that the State has failed to provide appropriate education for him).
The State had argued in similar actions that, in light of the Supreme Court decision in the Jamie Sinnott case, the court could not make mandatory orders. However, lawyers acting for a number of disabled children have argued that Mr Justice Hardiman's decision in the Sinnott case left open the option to take proceedings seeking such orders under the Education and Equal Status Acts.
The mandatory order was to apply pending the provision either of an appropriate school place for the boy or the outcome of his full action against the State. Ms Justice Laffoy also ordered the Minister to pay €300 fees a month for consultant supervision of a home tuition programme for Jeremiah.
Three days after her decision, on July 9th, the State applied for, and secured, a stay on implementation of the order.
The stay applies pending the outcome of its appeal to the Supreme Court.
Solicitors for Jeremiah wrote that same day to the Chief State Solicitor saying his parents were stressed and concerned at the practical implications of the stay and feared the child would suffer if he did not secure the additional hours.
On July 22nd, after the child's solicitors had written a further letter indicating an intention to re-apply to the High Court, a reply was received from the State, saying the Minister would make funding available, on a "without prejudice" basis, for 23 hours a week. The letter said the Minister's expert believed more than 23 hours of home tuition "would not be in the best interests" of the child.
The parents were also concerned that, if Jeremiah's tutor was to receive just 20 hours a week, they might lose her.
