In Ireland, agreement reached over how to educate boy with autism

From The Irish Times:

A Supreme Court appeal on behalf of a young boy with autism aimed at compelling the State to fund a special form of education for him has ended by agreement between the sides.

The five-judge court was told yesterday there was no longer an issue over the central matter of the child’s education and on that basis the appeal could be dismissed. Seán Ó Cuanacháin’s parents said afterwards they expect the State to continue funding education for their son.

Seán has been receiving State funding for education since the failure of his High Court action three years ago seeking funding for education according to the specialised system of Applied Behavioural Analysis (ABA).

Yesterday, following discussions between the parties, the Supreme Court was told it had been agreed the child’s appeal against that High Court decision could be dismissed with no order as to costs, meaning both sides will have to pay their own costs. The case had run for almost 70 days in the High Court, incurring costs estimated at about €5 million.

The Supreme Court dismissed the appeal after the sides agreed it was “moot” – pointless – as there was no longer an issue between them over funding.

Afterwards, the child’s parents, Yvonne and Cian Ó Cuanacháin said they were “relieved the torment is finally over”. They said Seán has been receiving ABA education, funded by the State, since the High Court case and is doing very well.

They said they expected the Minister for Education to continue to fund the arrangements now in place for Seán. They said they had been advised, if such funding did not continue, they would have a very good case to go back to court.

In the action, Seán, of Woodbine Avenue, Mountain View, Arklow, Wicklow, suing through his father, had sought orders compelling the Ministers for Education and Health to provide funding for his education according to ABA. They also sought damages for the alleged failure of the State to provide appropriate education in the past as well as a guarantee as to Seán’s future education.

In the High Court in 2007, Mr Justice Michael Peart ruled the programme of education being provided by the State for Seán – an eclectic or “Model A” programme – was “appropriate autism-specific educational provision” and, in those circumstances, declined to make orders requiring the State to fund an ABA programme.

The High Court also awarded €61,000 damages against the Health Service Executive (HSE)because of “unreasonable” delay in diagnosing his condition and in providing appropriate therapies to him. The HSE brought a cross appeal to the Supreme Court over this.

When the appeal opened in the Supreme Court on Monday, the case was adjourned until yesterday after the court was told Seán is currently receiving ABA education. The court then asked the parties to make submissions given the central issue between them appeared moot. Following talks between the parties yesterday, David Holland SC, for the family, said as Seán’s parents were now happy with the quality of education he is receiving and given the element of mootness about the issue, they were seeking for the court to make no order on the appeal.

Feichin McDonagh SC, for the State, said they were satisfied the education Seán is receiving falls within the “Model A” programme and were consenting to having the matter dismissed, noting the court had not determined the issue.

The Chief Justice Mr Justice John Murray – sitting with Mrs Justice Susan Denham, Mr Justice Adrian Hardiman, Mr Justice Nial Fennelly and Mrs Justice Fidelma Macken – said both parties had agreed the appeal in relation to the substantive issue should not proceed. The court also allowed the HSE’s cross appeal and that matter will now go back before the High Court.