State has failed autistic girl, court told

A girl who was adopted at age two by an Irish couple after suffering severe institutional deprivation in a Romanian orphanage and who has major difficulties, including autism, has received totally inadequate education, care, therapies and support services here, the High Court was told.

Michael A Counihan SC, for the girl's mother, told Mr Justice Iarfhlaith O'Neill that the State and health authorities had failed to provide adequate services for the girl and had effectively "washed their hands" of her.

In an affidavit, the girl's adoptive mother said: "The strain of having a child suffering from autism is enough to cope with without having to fight for services and education."

The judge granted leave to Mr Counihan to bring judicial review proceedings against the Minister for Education and Science, the Minister for Health and Children, and the HSE seeking orders declaring the provision of services to the 17-year-old girl inadequate.

In an affidavit the girl's adoptive mother said the child is an Irish citizen who was adopted in 1990 from a Romanian orphanage where she had suffered severe institutional deprivation for the previous two years. A psychological report in 1996 found the girl's educational attainments were behind what could be expected and made a number of recommendations.

Further reports concluded the child suffered from attention deficit hyperactivity disorder, autism spectrum disorder and attachment disorder. She was unable to cope in school, exhibited severe behavioural problems and required constant care. She also suffered considerable stress, with a genuine hypersensitivity to sounds.

Another report in 2004 found her mental health had deteriorated.

However, an artist and home tutor found she had a natural talent for art which should be encouraged.

The mother said it had been recommended that her daughter be placed in a special school but it was unwilling to offer her a place. Inquiries to other places were without success. Secondary school had proved too stressful for the child and by the end of her first year there in 2003, the girl had "shut down".

A reduced tailored programme was offered for the school year 2003/04 which was abandoned owing to stress symptoms by the girl, including vomiting and not sleeping. In September 2004, the school principal advised all resources regarding the girl had been exhausted and the school setting was not appropriate for her.

The mother said no positive response had been received from any quarter and her solicitor had initiated legal proceedings seeking appropriate services and a long-term residential place.