State failed education needs of autistic boy, court told

The State has failed to provide the funding to meet the educational needs of a severely autistic five-year-old boy, it has been…

The State has failed to provide the funding to meet the educational needs of a severely autistic five-year-old boy, it has been claimed before the High Court.

Seán Ó Cuanachain, through his father Cian Ó Cuanachain, Woodbine Avenue, Mountain Bay, Arklow, Co Wicklow, has brought proceedings against the Minister for Education, the Minister for Health, the South Western Area Health Board, the East Coast Area Health Board and the State over alleged failure to meet his educational and healthcare requirements.

It is claimed the State failed to provide Seán with adequate free primary education - 30 hours tuition a week - under the system of applied behavioural analysis (ABA).This is a well-established methodology of teaching children with autism.

Opening the case, senior counsel Paul Sreenan, for Seán, said he was seeking compensation for the failure to provide appropriate education to date and to compel the defendants to provide appropriate education in future.

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The court was told that in October 2002, Seán was diagnosed as having autistic spectrum disorder and it was said he would require appropriate services from both the health board and the Department of Education.

He had been in receipt of home tuition funded by the Department of Education since December 2002. Funding was eventually increased to 15 hours a week by January 2004.

In November 2003, when Seán was aged three years and four months, it was recommended that he should have access to ABA tuition for 30 hours a week. However, it is claimed, that was not provided.

Since February 2004, Seán attended St Catherine's pre-school at Barnacoyle, Co Wicklow, on a part-time basis for 14 hours a week. He had access to State-funded ABA, but for less than half of the required hours, it was claimed.

The hearing continues.