The Supreme Court has ruled the State is not obliged to provide free primary education to anybody over the age of 18, overturning a High Court ruling last October.
The State was appealing the High Court ruling in the landmark Sinnott case, taken by a Cork woman over the provision of education for her autistic son.
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Mrs Kathryn Sinnott
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The court ruled by a majority of six to one that the right to primary education ended at the age of 18. The Chief Justice, Mr Justice Keane, saw no justification for this cutoff point.
Today's ruling also said Mrs Kathryn Sinnott was not entitled todamages of £55,000, previously awarded to her by the High Court for thebreach of her constitutional rights.
However the State was not seeking the return of £15,000 in special damages already paid to Mrs Sinnott.
Mrs Sinnott and son Jamie were awarded £222,500 by the High Court last October for the breach of their constitutional rights after the court found the State had failed to fulfil its obligation to provide free primary education.
Mr Justice Barr ruled the State's obligation to provide basic education for the severely disabled extends beyond 18, and that the constitutional right of severely disabled persons to education continued for as long as they might benefit from it.
The court heard that Mr Sinnott (23) had received no more than two years of meaningful education - despite being diagnosed with autism as a baby.
The State has accepted his right to have the State provide free primary education for him was infringed, and that there was a liability in general damages for him.
But the State appealed the decision that the obligation to provide education extends beyond the age of 18 and also appealed the award of £55,000 in damages to Mrs Sinnott for the breach of her constitutional rights.
Mrs Sinnott had claimed in the High Court the special classes available to autistic children were "nothing more than baby-sitting services".
The ruling opened the door for the parents of the 1,200 autistic children in the State to seek similar legal redress, should they wish to do so.
