Autistic boy's case lasts record 68 days

A legal action aimed at securing appropriate education for an autistic boy has become the longest- running case of its kind to date, concluding at the High Court yesterday after 68 days with judgment reserved to later this year. The costs of the case are estimated at more than €5 million.

The action on behalf of five-year-old Seán Ó Cuanacháin opened before Mr Justice Michael Peart last January and has heard detailed evidence from experts for both sides as to the nature of what they consider is appropriate education for the child.

The action concluded on its 68th day yesterday with Mr Justice Peart saying he would reserve judgment and hoped to be in a position to deliver it in September.

It is understood State funding for the provision of a certain number of hours of specific tuition using the method of applied behavioural analysis (ABA) for Seán will also now cease.

The court heard from a wide range of educational experts for the boy and the State called more experts in defence of the claim that it had failed to provide appropriate education for Seán to date.

Seán, suing through his father Cian, Woodbine Avenue, Mountain Bay, Arklow, Co Wicklow, has taken action against the Minister for Education, the Minister for Health, the South Western Area Health Board, the East Coast Area Health Board and the State arising from their alleged failure to meet his educational and healthcare requirements.

It is claimed the State has failed to provide Seán with adequate free primary education - 30 hours of tuition a week according to the ABA system - which Seán's side contends is a well-established methodology that is recognised internationally of teaching children with autism.

When opening the case on January 10th last, Paul Sreenan SC, for Seán, said he was seeking compensation for the failure to provide appropriate education to date and also he wanted to compel the defendants to provide adequate and appropriate education into the future.

The court was told that in October 2002, Seán was diagnosed as having autistic spectrum disorder and it was stated he would require appropriate services from the health board and the Department of Education.

He has been in receipt of home tuition funded by the Department of Education since December 2002, the funding of which was eventually increased to 15 hours a week by January 2004.

In November 2003, when Seán was aged three years and four months, he was assessed by an educational psychologist who recommended that he should have access to ABA tuition for 30 hours a week. However, it was claimed that was not provided.

Seán's parents claimed they employed a Montessori teacher to work with him at a pre-school in Arklow, Co Wicklow, for five mornings a week between August 2003 and April 2004 in a programme part funded by the Department of Education.

Since February 2004, Seán has been attending St Catherine's pre-school, Barnacoyle, Co Wicklow, part time for 14 hours a week.

Seán has access to ABA, which is funded by the State but for only less than half of the required hours, it was claimed. It is understood the State funding for that ABA provision will now cease.