A spate of legal actions will be taken against the Department of Education unless it develops a framework to provide education appropriate to the needs of disabled children, a solicitor warned yesterday.
Mr Ernest Cantillon, solicitor for Mr Jamie Sinnott, told the joint Oireachtas Committee on Education and Science that if steps were not taken now, those who were neglected would claim damages and "the Department of Education will continue to be run from the Four Courts".
In July, the Supreme Court unanimously found in the Jamie Sinnott case that the State does not have an obligation to provide a primary education beyond the age of 18 to disabled people.
Addressing a meeting of the committee, he and Ms Kathryn Sinnott, mother of Jamie, called for an amendment to the constitution which would declare primary education a constitutional right irrespective of age.
"I suggest that the people of Ireland be given the chance to amend Article 42.4 by these words: 'The State shall provide free primary education for all persons according to their needs without regard to chronological age,'" Ms Sinnott said.
Ms Sinnott said denying her autistic son education because he was over 18 - he is aged 23 - was "an ageism of the most insidious kind". On the question of what a better service would cost, she said neglect was a false economy.
"The amount of money that has been and will be spent defending an indefensible policy of educational exclusion and neglect would have gone a long way to setting things straight".
She said the Supreme Court stated basic human rights must be supplied and paid for before anything else. "It couldn't be simpler. Imagine a family budget - you feed the children and send them to school before you spend on a holiday, add on a conservatory or buy a round of drinks."
The committee, chaired by Fianna Fβil TD Mr Michael Kitt, will meet the Minister for Education, Dr Woods, to discuss the issues raised.