The parents of a 14-year-old seriously disturbed autistic boy have rejected as totally unsatisfactory proposals made by the State and a health board for his future care.
In those circumstances, the President of the High Court, Mr Justice Finnegan, yesterday adjourned legal proceedings brought on behalf of Lewis O'Carolan to January 12th next. In the interim, the judge said the boy's parents should give "reasonable" consideration to the proposals made for the boy.
The proceedings have been brought by Ms Annette O'Carolan, of Norfolk Road, Phibsborough, Dublin, on behalf of her son. Ms O'Carolan's application is for a declaration that the facilities that had been provided for the boy by the State and Northern Area Health Board (NAHB) were inadequate. The parents want Lewis sent to a special English care school.
Dr Michael Forde SC said experts for his side had assessed the proposals as totally unsatisfactory and the boy's mother remained at her wit's end. He also indicated they intended to take an action for damages, including aggravated damages, against the State and the NAHB.
Mr Justice Finnegan said there was an underlying current of reasonableness running through all these matters and a reasonable response was best rather than a "flat rejection".
Earlier, Mr John O'Donnell SC, for the State, said the action was brought to put pressure on the State to provide services and he had rejected this as unnecessary. If the action went on, and Dr Forde wanted "a long drawn out battle", there would have to be witnesses as to the adequacy of services to date, including witnesses from England.
Ms Sara Moorehead SC, for the NAHB, said the boy remained at home doing nothing and the board could provide him with a tuition room and support services.
