Man with special needs receives settlement over failure to provide special schooling

High Court Reporters

A €75,000 settlement, with another €75,000 in costs has been approved by the High Court for a young man with special needs who the authorities allegedly failed in the provision of his schooling for three years.

Through his mother, the man sued two schools catering for special needs children, along with the National Council for Special Education, the Child and Family Agency, the HSE, the Minister for Education and the State.

It was claimed the defendants breached his rights by failing to make available compulsory education for him between the ages of 15 and 18.

On Wednesday, Mr Justice Rory Mulcahy was told the matter had been settled following mediation which took place over three months. The judge approved the settlement figure.

The man, who is now in his 20s and being cared for by his mother, has been diagnosed with classical autism, mild learning disability and associated behavioural issues.

He started attending a special school in September 2015 and in October 2017, aged 15, he was suspended over behavioural issues. His mother was told to remove him from the school and keep him at home until the school acquired sufficient resources to facilitate his return.

It was claimed that contrary to established guidelines, the suspension was open ended. Despite repeated requests by his mother, his return was not facilitated.

In March 2018, the school conducted an assessment of his needs for a return and certain recommendations were made. However, it was claimed, the recommendations were not acted upon.

His mother wrote letters to each of the defendants expressing her upset and disappointment at the failure to facilitate his return.

Further efforts were made in 2019 but ultimately it was confirmed in December 2019 by the National Council for Special Education that it had not received application forms from the school for additional teaching support.

His mother then submitted an appeal over his suspension in November 2019 and an appeal board recommended that he be re-enrolled in the school "forthwith".

However, at that point the Covid pandemic had arrived and there remained further difficulties with getting the required assistance. He was never re-enrolled, it was claimed.

At that point, it was claimed, his mother was left with little or not option but to contact adult services in an effort to meet his educational needs.

The court heard he was now in adult disability services and doing well there.

Arising out of the alleged failure to meet his educational needs as a child, his mother sued the defendants and, following what his counsel David Kennedy SC told the court was a "protracted mediation", the case was settled.

Mr Justice Mulcahy said he was happy to approve the settlement and praised his mother for the level of commitment she had shown for her son.