An autistic boy (15) who has taken High Court proceedings against the State and Health Service Executive aimed at securing education and therapies appropriate to his needs has settled his case against the HSE.
However, Brian Hiney's action against the Minister for Education and the State is continuing.
Brian, suing through his mother Carmel Hiney, Church Street, Crossmolina, Co Mayo, claims the State has failed to provide him with appropriate education and has therefore breached his constitutional rights. He wants orders compelling the State to provide him with such education and damages for alleged breaches of rights.
The State has denied the claims in proceedings before Mr Justice John Edwards.
Yesterday the High Court was told the claim against the HSE had been settled on terms. The HSE has agreed that Brian will get 19 sessions of speech therapy per year until he is 18, and will also receive €200 per month to pay for occupational therapy services, plus a single payment of €400 for his assessment by an occupational therapist.
The HSE has further agreed that it will, until Brian is aged 18, provide a number of services, including behavioural therapies and support services for those educating Brian. The HSE is also to pay €10,000 to Brian's family towards their legal expenses plus a €5,000 payment for other expenses.
The case, before Mr Justice Edwards, was first before the courts in 1998.
In his action against the State, it is claimed that Brian finished his primary school education in 2006, after which he was taught on his own.
It is claimed he had been unable since then to obtain a placement at a secondary school which could provide him with an autism-specific service.
The case resumes next week.