A settlement yesterday of an unprecedented High Court action by a mother and her disabled son seeking adequate State supports to enable the boy be cared for at home is likely to have major implications for other parents seeking such home support. Mary Carolan reports.
The action by Ms Tessa Woods and her son Darren, had it proceeded, would have been "at the cutting edge of trying to establish rights for the disabled in Ireland", Mr Paul Sreenan SC, for the Woods, said.
Darren (9) is severely and profoundly physically and mentally disabled, requiring 24-hour care. As a result of yesterday's settlement, he and his mother will now have 50 hours support services a week from the Southern Health Board compared with 20 hours prior to their taking the proceedings and an offer of 10 hours a week at an injunction stage.
They will also receive two nights respite services a week and additional supports, including holiday respite.
Ms Woods, of Ballincollig, Co Cork, who lives apart from her husband and cares for Darren alone, required hospital treatment for back problems and depression as a result of trying to care for Darren without adequate support, the court heard. She is to receive €20,000 in recompense for the services she has provided for Darren to date.
In the proceedings, the Woods had also sought appropriate education for Darren but Mr Sreenan said yesterday that the education available for Darren had improved greatly since the legal proceedings were initiated.
The Minister for Education had set out in satisfactory terms what was proposed to be done regarding Darren's education and the situation was not at a point where any court order was required.
Approving the settlement, the President of the High Court, Mr Justice Finnegan, said it might not be ideal but he believed Ms Woods was wise to accept it. If the proceedings had gone ahead, there was no certainty about their outcome and they could have taken a very long time. It would also be a very trying period for Ms Woods, he told her.
Afterwards, Ms Woods said it was "a huge relief" that the action was over and said she believed it was very important to make the point that parents who are in situations similar to hers should be supported.
Referring to the fact she had initiated proceedings in 1999, she said: "It's been a long five years. I never thought it would go this far." While the settlement was not all she had hoped for, and lacked in particular any night time support services for her son, who experienced epileptic fits a number of times nightly, she said she had accepted it to avoid lengthy litigation and an uncertain outcome. If the case had to go to Europe, it would take many years, she pointed out.
In proceedings against the Southern Health Board (SHB), the State and the Ministers for Education and Health, the Woods argued Darren had an enforceable right to live at home and enjoy the companionship of his mother. Given that right, it was claimed the State had concomitant duties to provide whatever level of care was necessary to secure Darren's right.
While the case was also based on constitutional and statutory rights, it was "most importantly" based on the European Convention of Human Rights, which had been brought into law here, including Articles of that convention relating to the right to life, to bodily integrity, to education and prohibiting inhuman and degrading treatment, Mr Sreenan said. If the case had gone ahead, it was expected to take three weeks and, depending on the outcome, Mr Sreenan indicated yesterday it could have ultimately gone before the European Court of Human Rights.
However, after day-long talks between the sides on Tuesday, Mr Sreenan yesterday afternoon told Mr Justice Finnegan, that a settlement had been reached which, while not containing everything Ms Woods had sought, she was prepared to accept on the advice of her legal team and in the interests of her son.
On that basis, the proceedings against the SHB could be struck out with no order for costs while the proceedings against the Ministers and State could also be struck out with an order that the State defendants pay the costs of the Darren Woods proceedings, including reserved costs.
Mr Aongus Ó Brolcháin SC, for the SHB, agreed, while Mr Feichin McDonagh SC, for the State, said the Minister for Education was to implement certain proposals which were not part of the terms of settlement.
Outlining the background, Mr Sreenan said that, at birth, Darren was diagnosed with spina bifida and hydrocephaly and had undergone considerable surgery in his first weeks of life.
At one stage, he was having some 150 epileptic fits a day. Surgery for these was unsuccessful and he continues to have fits daily, although not at such a high rate.