The Supreme Court has begun hearing an appeal by the State against a High Court decision last year in favour of an autistic man's right to a primary education.
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Mrs Kathryn Sinnott
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Mr James Sinnott (23) won his case against the State on the grounds that it had breached his constitutional rights by denying him a primary education. Mr Sinnott and his mother Kathryn were awarded £255,000 in the landmark judgement.
The state is appealing the awarding of a sum of £55,000 to Ms Sinnott, but will not seek the return of £15,000 which she has already received.
Opening the State's appeal, former Attorney General Mr Eoin Fitzsimons SC argued that Article 42.4 of the Constitution, which places an onus on the State to provide primary education, referred to children up to the age of 18 and not beyond.
Mr Fitzsimons insisted he had been instructed to make the case on the basis that the normal school-leaving age is 18 and therefore 23-year-old Mr Sinnott was not entitled, as a right, to primary education.
He said: "The State accepts that it should look after people like Mr Sinnott, but not as a Constitutional right."