A High Court case which could have far-reaching implications for parents of children with disabilities is due to open in Dublin this morning.
Ms Tessa Woods, from Ballincollig, Co Cork is taking the State, the Southern Health Board (SHB) and the Ministers for Health and Education to court for their failure to provide appropriate support to allow her to care for her disabled son at home.
The State funds 20 hours of home support a week for Darren Woods (aged nine) who has severe to profound intellectual and physical disabilities. He was born with spina bifida and hydrocephalus and was later diagnosed
with intractable epilepsy – a condition which cannot be adequately
controlled by drugs.
At one stage, Darren was having up to 150 seizures a day, but careful control of his diet has greatly reduced this. He is in a wheelchair and needs constant care. Ms Woods is seeking around-the-clock support to allow her only child to live at home permanently.
Currently, Darren comes home for only two evenings a week and every second weekend. For the remainder of the time, he is in the care of the COPE Foundation in Cork. He also attends aCOPE school – St Paul's school for children with disabilities.
Ms Woods has attempted but failed to care for her son at home on a full-time basis. After caring for him between October 2000 and July 2001 with just 10 hours' home support per week, she was admitted to hospital with a debilitating back condition. She now receives 20 hours' home support from the State per week in the form of a care assistant but would not be able to
manage without support from Embrace, a voluntary organisation
which promotes the rights of people with disabilities.
Embrace, which receives no State support, funds an additional 40 hours' home support a fortnight.
Ms Marie O'Donoghue, Embrace assistant secretary, said everyone with a disability should have a right to live at home with appropriate State support.
"Tessa is exemplary in her devotion to Darren and strives tirelessly to cater for his every need, but she cannot continue to
do so alone," Ms O'Donoghue said. "All the State is being asked for is to give her the vital support which she so deservedly and obviously needs to care for her son in his own home."
Spokespersons for the SHB, the Ministers for Education and Health all said they could not comment on individual cases, particularly if they were before a court. The case is expected to last at least three weeks.