Measures to help meet the special educational needs of children with disabilities, including autistic children, were approved by the Government after the Minister for Education and Science warned they were necessary to avoid the likelihood of further litigation by the parents of such children, including claims for damages, it has emerged at the High Court.
In a memorandum for Government, the Minister said: "The inadequacies of current special education services are now being exposed in the High Court on an almost daily basis. In virtually every case, the State is being found to have failed in its obligation under Article 42 of the Constitution to provide for free primary education for all children."
The October 1998 memorandum stated the problems extended across the special needs area and related to inadequate services for children with disabilities requiring placements in special facilities and in integrated education settings. It said the extent of the difficulty was reflected in the fact that the Minister was then cited in more than 70 High Court actions and the number of cases was increasing.
The measures for which the Minister was seeking approval would give rise to additional funding requirements of £350,000 in 1998, and £3.82 million in 1999, the memorandum said. The memorandum was presented to the court during an action by Mr Jamie Sinnott (22), an autistic and severely disabled man, and his mother, Ms Kathryn Sinnott, of Ballinhassig, Co Cork, against the Minister for Education and the State.
They are seeking a declaration that their constitutional rights have been breached through the alleged failure of the State to provide for free primary education for Mr Sinnott, an order directing such education be provided now and damages.
The State pleads it has provided education for Mr Sinnott and denies it is obliged to provide free primary education past the age of 18.
Yesterday Mr Matt Ryan, assistant principal officer in the Special Needs Education Unit of the Department of Education, agreed with Mr John O'Donoghue, for the State, that many legal actions relating to special needs children, including autistic children, had been resolved. He believed there was "goodwill" in the Department towards meeting those needs.
He said the Department would assist in providing education for Mr Sinnott if he was moved to a new facility run by the COPE Foundation in Cork and would have an ongoing commitment to provide education for him in an appropriate setting.
Mr Ryan said it was difficult to source teachers who could provide education for special needs children during the summer holidays, as recommended in Mr Sinnott's case. The issue was being investigated by the INTO and Department through a committee. There was a general problem in getting teachers for the severely disabled.
He said the Department had, with other Government Departments, been endeavouring to meet the needs of disabled persons following a High Court decision in 1993. He said it was not part of Irish education culture to have individual education programmes for children, although some pupils would have programmes identifying their special needs.
Mr Justice Barr said if Government Departments got together with experts and worked out an appropriate programme of education for Mr Sinnott, this would be a great help in dealing with children with similar problems.
The case was adjourned to January 17th.
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