Mother wins autism equality case

A mother of a child with autism has won her Equality Tribunal case against a local authority which failed to extend her home to cater for her son's special needs.

The Equality Tribunal officer awarded the maximum allowable compensation - €6,350 - and said, "taking all of the evidence in this matter into consideration, I would have awarded a higher amount to the complainant" if the provisions of the law had allowed her to do so.

She also ordered the local authority to proceed immediately to build a suitable extension or to rehouse the family in suitable accommodation in the area.

The Equality Authority, which represented the mother, described the outcome as a "landmark decision".

Ms C, who asked not to be identified to protect her son, lives in a mid-terrace local authority property with her two children and an adult sister.

In 2001, she applied for an extension to her house to provide extra space for her son with autism. Her application, under the Disabled Persons' Alteration Scheme, was refused.

After two appeals, her application was approved but was given a low priority level.

In 2004, the local authority said it would no longer build extensions to mid-terrace properties, but would provide alternative accommodation. However, Ms C and her family still have not been provided with alternative accommodation.

The Equality Officer said she could not accept that Ms C's application had been processed in a "reasonable or acceptable" manner. She found that staff processing the application were not qualified to reach conclusions on the boy's disability, and they ignored recommendations made by a number of qualified external professionals.

The officer also expressed "considerable concern" that the council had misrepresented the contents of an architect's report.

Ms C was told that the architect had found that the extension was not feasible. However, the architect's report stated that an extension "seems feasible" and should be costed.

After the ruling, Ms C said she had fought for 6½ years to get justice. "The way in which the council denied a child with a disability his basic human needs has been a horrific experience for my family.

"I consider it a major victory that the council now has to write a policy document which will make transparent the procedure of administering the disabled persons' alteration grant scheme. This will ensure that no family has to endure what my son and family have been subjected to."

Niall Crowley, chief executive of the Equality Authority, said the decision would have "major implications".

"This case highlights an urgent need for formal and transparent policies, practices, procedures and criteria governing decision-making by local authorities and others," he said.