Ruling on legal costs in autistic boy case due today

A High Court judge is due to make a ruling on legal costs today in a case where the parents of an autistic 14-year-old failed…

A High Court judge is due to make a ruling on legal costs today in a case where the parents of an autistic 14-year-old failed in their attempt to seek appropriate education for their son abroad.

Disability groups are expected to mount a protest in support of Lewis O'Carolan's parents who unsuccessfully sought State-funded education in an autism-specific centre in Wales.

Legal costs for both sides in the judicial review proceedings, which included three days in the High Court, are expected to be in the region of €200,000.

The High Court ruled that proposals by the Health Service Executive (HSE) and the Department of Education for a care and education unit in north Dublin for Lewis were "objectively adequate".

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The boy's parents say the State's plans were based on a psychiatric model which would "destroy" their son's potential.

A number of disability groups - including the Irish Autism Alliance and Namhi, a support group for intellectually disabled people - are due to gather outside the Four Courts today where they will protest at the State's handling of the O'Carolan case.

Disability rights campaigner and MEP Kathy Sinnott, who will be present, said the decision to mount a protest had been sparked by widespread anger at the ruling.

"This judgment is an unmitigated disaster for both the O'Carolans and the wider special-needs community. Placement in psychiatric units cannot be the future for our children. It is not appropriate, and it is certainly not education," she said.

She said that, while the Government and courts had "failed" the disability community in the recent ruling, it was time for the people of the State to show their solidarity with the O'Carolan family.

Ms Sinnott added: "The Government has won its war against the O'Carolans, it has passed the Education for Persons with Disabilities Act and the Disability Bill itself. With this terrible hat trick of victories against persons with disability, the Government is well on its way to reinstitutionalising those with disabilities."

The HSE has defended its education and support plans for Lewis O'Carolan, which it says will meet the boy's needs and help him fulfil his potential.

The centre, which provides treatment and respite for a small number of intellectually disabled young people, is attached to St Joseph's Intellectual Disability Service, located in the grounds of St Ita's psychiatric hospital in Portrane, Co Dublin.

The HSE says all major intellectual disability services in the country employ consultant psychiatrists with a special interest in intellectual disability, as well as multi-disciplinary support teams.

An appropriately trained tutor and special-needs assistant will also be available to meet Lewis's education needs, the HSE said.

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent