A 15-year-old autistic boy who has been unable to obtain a secondary school place for almost two years has brought High Court proceedings against the State aimed at securing an education appropriate to his needs.
Brian Hiney, suing through his mother Carmel, from Church Street, Crossmolina, Co Mayo, claims the Minister for Education and the State has failed to provide him with appropriate education and has therefore breached his constitutional rights. He wants orders compelling the defendants to provide him with such education and damages for alleged breaches of rights.
The State denies that it has failed to provide Brian with an education appropriate to his needs or that it has failed to comply with the relevant provisions of the Constitution.
The case began yesterday before Mr Justice John Edwards and is expected to last for several days. The action was first before the courts in 1998 but was adjourned generally in 1999 with liberty to re-enter. It was re-entered in 2003.
It is claimed that Brian, who is represented by Pauline Walley SC, with John Hanlon BL, had in 2006 ended his primary school education, where he was taught on his own. It is claimed he had been unable since then to obtain a placement at a secondary school that would provide him with an autism specific service.
In an affidavit, Carmel Hiney, who has four other children, said Brian has not been offered an appropriate educational placement suitable to his needs. She said Brian was diagnosed as suffering from autism in June 1998 after displaying erratic behaviour and lack of speech development.
The case continues today.