A boy with severe language difficulties has to attend a special school in England, at an annual cost of £40,000, because of the absence of any suitable facility for him here, the High Court heard yesterday.
The boy, now aged 12, may have to remain at the school for the next seven years. While he has made "spectacular progress" there, he misses his parents and brothers and they also miss him, the court was told.
Under a settlement of Glen Durkan's action seeking appropriate education, ruled on yesterday by Mr Justice Kelly, the Minister for Education and Science has agreed to pay the cost of Glen's attending the school in Derbyshire until he is 19.
The Minister will also provide some €25,000 to fund 19 trips annually by Glen's family to visit him in Derbyshire in coming years. The settlement also involves the payment of €7,500 special damages to Glen's father, Mr Michael Durkan.
In 2000 Glen, of Carrigaline, Co Cork, suing by his father, brought proceedings against the Minister and State seeking appropriate education. It was agreed at that point that he would be placed in the Derbyshire school and there would be an annual review of his progress by the court.
Yesterday Mr Michael Gleeson SC, for Glen, said the boy had done extremely well in the school to date. His language difficulties were being rigorously dealt with and he had made spectacular advances.
Similar education was not available here. The main concern now related to Glen's separation from his family, which was of concern to all, including the boy.
It was now agreed, in final settlement of the proceedings, that the Minister would fund Glen's continuing education in Derbyshire. His progress would be reviewed annually by an education expert, Mr Alan Willis, and by a nominee of the Minister.
If it was felt Glen was making sufficient progress to enable him to be moved to another school, the settlement also provided for that, counsel said.
As matters stood, Glen would begin his last year at the Derbyshire school aged 18 but, although he would turn 19 just a month later, he would be permitted to remain there, and the Minister would also fund his education for that year, counsel said.
Mr Durkan said he was happy with the settlement. He agreed with Mr Gleeson that getting to this stage had involved a long struggle by the family, who had tried to get appropriate education here.
Mr Durkan said the only downside of the English school was that his son was away from Ireland and his parents and two brothers, now aged 14 and five, who missed him a lot. The younger boy did not understand why Glen had to go away, and Glen himself sometimes did not want to return to the school, Mr Durkan said.
The family tried to visit Glen every two weeks and found those visits very important, Mr Durkan added.
Announcing the settlement, Mr Justice Kelly said he was glad the four-year legal battle was at an end and he paid tribute to the Durkan family for their efforts to find a place to meet Glen's "very real" needs and their concern and devotion as parents.
The judge made orders approving the settlement and struck out the action with costs to Glen against the Minister. Earlier Mr David Barniville, for the Minister, said he was consenting to the settlement.
