The mother of a young boy with Asperger's syndrome, a form of autism, has secured leave from the High Court to bring a legal challenge to a decision to refuse an allowance of €140 a month to assist in caring for her son.
John O'Hanlon said the allowance has been refused since 2002 to Darragh Grant (9), despite repeated requests by his mother, Orla Grant, who has four other children, in the absence of any proper consideration of reports relating to Darragh.
Counsel secured leave yesterday to bring judicial review proceedings aimed at requiring the Health Service Executive to consider fully reports on the child and to pay the allowance.
He said there was no evidence the reports and other data had been properly considered.
Darragh, of Laurel Avenue, Ballybrack, Dublin, was diagnosed in April 2001 as suffering from Asperger's syndrome and attention deficit hyperactivity disorder, his mother said in an affidavit.
Numerous reports had recommended appropriate educational and therapeutic interventions and had also highlighted the pressure the boy's condition placed on his family.
Ms Grant said she became aware in July 2002 of the domiciliary carer's allowance, a grant paid to assist in the maintenance of children with disabilities.
She had applied for the allowance in August 2002 but was refused on the grounds her son was "medically ineligible".
She had appealed the decision but was unsuccessful.