The costs of a legal action aimed at securing appropriate education for a severely autistic five- year-old boy are now estimated to reach some €2 million as the case entered its 42nd day yesterday. It began in January and is expected to run to mid-July.
Evidence on behalf of Seán Ó Cuanacháin concluded yesterday and the State is now beginning its defence.
The court has heard from a wide range of education experts for the boy and the State is expected to call more experts in defence against the claim that it has failed to provide appropriate education for the child. Some five senior counsel are involved in the action.
The case before Mr Justice Michael Peart has been brought by Seán, suing through his father Cian, of Woodbine Avenue, Mountain Bay, Arklow, Co Wicklow against the Minister for Education, the Minister for Health, the South Western Area Health Board, the East Coast Area Health Board and the State arising from their alleged failure to meet his educational and healthcare requirements.
It is claimed the State has failed to provide Seán with adequate free primary education - 30 hours tuition per week - according to the system of applied behavioural analysis, which, Mr Justice Peart was told, is a well-established methodology of teaching children with autism which is recognised internationally.
When opening the case on January 10th last, Paul Sreenan SC, for Seán, said the action was concerned with the past and the future. He was seeking compensation for the failure to provide appropriate education to date and also wanted to compel the defendants to provide adequate and appropriate education into the future.
The court was told that in October 2002, Seán was diagnosed as having autistic spectrum disorder and it was stated he would require appropriate services from both the health board and the Department of Education. He has been receiving home tuition funded by the Department of Education since December 2002. The funding was eventually increased to 15 hours per week by January 2004.
In November 2003, when Seán was aged three years and four months, he was assessed by an educational psychologist who recommended that he should have access to applied behavioural analysis tuition for 30 hours per week. However, it was claimed that was not provided.
Since February 2004, Seán has been attending St Catherine's pre-school, Barnacoyle, Co Wicklow on a part-time basis for 14 hours per week.
Seán has access to applied behavioural analysis tuition which is funded by the State but for less than half of the required hours, it was claimed.
