The Minister for Education is seeking costs of more than €1 million from the parents of a boy with attention deficit disorder, ADHD, who lost a claim that the State had not provided adequately for his educational needs, write Carol Coulter & Mary Carolan.
Lawyers for the State told the High Court yesterday that they would be seeking costs against Richard Clare, with an address in Waterford.
Mr Justice Smyth agreed to adjourn the costs hearing for a week.
The parents of the boy had taken the case claiming that the State had failed to provide early and appropriate education and therapies for Richard as a sufferer from Attention Deficit Hyperactivity Disorder.
The case ran for 16 days in the High Court, and costs are estimated at over €1 million.
Normally costs are not sought against people who lose actions against the State where they have sought provision of services.
A spokesman for the Department of Education said last night that on the question of seeking costs they considered the matter on a case-by- case basis.
However, in this case the Department took legal advice in August. Given that the judgment was so strongly in its favour the advice to it was to seek costs.
During the case, the court was told that the boy had become a "social recluse" and had been significantly damaged because of the State's alleged failure to provide early and appropriate therapies and education for him.
It was claimed that the State had obligations under the 1998 Education Act, the Equal Status Act and the Constitution to provide for the education of children with disabilities.
The court heard that Richard had exhibited some behavioural problems in primary school. In 1998, the year he started secondary school, he began attending a child psychologist.
He was diagnosed with ADHD in 1999, at the age of 13. He was prescribed medication which he took for a time, but later took too much and was hospitalised.
He displayed significant problems in secondary school and, following a number of detentions and suspensions, was expelled in 2000. Proceedings were initiated that year.
The State denied any breach of its obligations and argued that it had made considerable efforts to address the boy's situation. Its efforts were praised by Mr Justice Smyth in his judgment.
The State has spent at least €9 million contesting cases concerning the provision of services for people with disabilities, according to recent figures.
This figure, supplied by the Department of Education and the Chief State Solicitor's Office, does not include the cost of settling cases which did not reach court.
Richard is now 18 and has finished school and completed his Leaving Certificate.