The mother of a 19-year-old man who suffers from autism has been granted leave by the High Court to seek an order directing the State to fund his appropriate education for the forthcoming academic year.
The application is the first since the Supreme Court's judgment in the Sinnott case where it held the State's duty to provide special educational services for such people ended when they reached 18.
The proceedings will test whether the Government will rely on the Sinnott judgment as a defence or if it is prepared to help autism sufferers over the age of 18.
The action has been taken by Ms Jacqueline Berg, Sandyford Hall Avenue, Sandyford, Dublin, on behalf of her son, Philip.
Mr Michael Forde SC, counsel for the Bergs, told Mr Justice Kelly the family were involved in separate High Court proceedings in which Mr Berg is seeking damages to compensate him for the inadequate provision of educational services for 15 years prior to his 18th birthday.
Mr Forde said the application was urgent because the principal of Setanta Special School, Beechpark, Stillorgan, Dublin, had indicated that Mr Berg required a continuation of educational input suitable to his needs, which the school was willing to provide, subject to the availability of funding.
To meet his educational needs he required placement in a specialised vocational training facility which had not been made available by the State. In default of such a facility, Mr Berg had been receiving education at Setanta where he had been a pupil until the end of the last academic year.
Ms Berg said her solicitors, MacGeehin & Toale, requested the Minister for Education, Dr Woods, the Minister for Health and Children, Mr Martin, and the Eastern Health Board to provide funding for her son at Setanta Special School.