A wheelchair-bound teenager who has cerebral palsy had got "everything she was looking for" in relation to additional facilities and extra time for sitting her Leaving Certificate in June under the terms of settlement of her action against the Department of Education, her mother said at the High Court yesterday.
Ms Mary Nugent (19), a student at Presentation Secondary School in Waterford, sued the Department of Education in an effort to get adequate extra time to complete her examination papers, a personal assistant to write her answers at her examinations and breaks during her tests. She will take the exam at home.
The action was listed before Mr Justice McCracken yesterday, but following day-long discussions between lawyers for the sides, a settlement was announced yesterday evening.
Ms Nugent and her parents were overjoyed after the settlement. Ms Nugent said that, under the terms, she had got "as much as was necessary for her disability".
Her mother, Mrs Moira Nugent, said: "It has been a brilliant day for Mary and a brilliant day for all students with disability."
Ms Nugent will be allowed a voice-aided computer during her examinations; a personal assistant to write her answers after she dictates them; extra time during tests of approximately one hour on a normal three-hour examination; and a number of breaks.
Ms Nugent is doing seven subjects in her Leaving Certificate, but has problems writing which, without the aid of an assistant, would mean considerable delay completing her papers.
Mrs Nugent - who was accompanied in court by her husband, Hugh, sister Ms Catherine Whelan and niece Ms Susan Whelan - said she expected the outcome of the case would have a knock-on effect for other students.
She added that her daughter was one of the first students with such a "massive" amount of disability to be sitting so many subjects. The family were deeply grateful to the Department of Education.
The Nugents, of Rosseau Grove, Norwood, Waterford, have three other children, all adults. Sean is a medical doctor in England, Mark is a company director in America and Sinead works in financial control with Dell in Limerick.
When the case eventually went before the judge late yesterday, Mr Michael Gleeson SC, for Ms Nugent, said the case had been compromised to the satisfaction of both parties.
Mr Justice McCracken said the settlement terms handed into him in written form were "very practical". He was delighted the situation had been worked out.
Mr John O'Donnell, for the Department, said the matter had been very complicated and his side was very pleased that a practical solution had been found.
Ms Nugent had the best wishes of the Minister and the Department in her studies and in her examinations.
The court was told that the South-Eastern Health Board is to make arrangements for a new wheelchair to be supplied to Ms Nugent. It was hoped she would have it in June, but the delivery date was in the hands of the manufacturers.