Autistic boy’s parents win legal battle
A settlement reached with the Department of Education was
finalised in the High Court, meaning the family no longer has to cover the cost of keeping their five-year-old son in a special school in Meath.
For the last two years, Evelyn and Ed Cooney have been engaged in a legal battle with the department to have the State pay for his education.
Niall, who has a twin sister Aisling, was diagnosed with moderate autism three years ago. The family immediately set about seeking early intervention, beginning with tuition at their home in Rathoath.
But they took legal action in May 2001 when their application to the Department of Education to cover the cost was unsuccessful.
They found plenty of obstacles in their way, but then discovered the Stepping Stones special-needs school 12 miles away at Kilcloon last autumn.
The school was already campaigning for State funding and was finally notified of a positive decision by the department just a week ago, a day after settlement was reached in Niall's case before a High Court hearing.
Up to now, parents of the 24 children at the school have been paying up to €35,000 a year for the specialist one-to-one analytical behaviour analysis (ABA) tuition.
The department agreed last Wednesday to fund Niall's education at Stepping Stones, between Dunboyne and Maynooth.
The settlement approved by Mr Justice Peter Kelly also provides for the cost of his speech and language therapy and occupational therapy to be paid by the State.
The judge said it was regrettable the family had to take legal action and live under the cloud of litigation for the last few years. He also commended them for their care for Niall and their fight to
vindicate his rights. Mr Cooney said the family was satisfied with the outcome but frustrated by the effort and time it took to get this settlement.
"Niall is entitled to all these things as a citizen of this country, but it's a disgrace that we have to go to these lengths to secure them.
"The department is quite prepared to go to these lengths. It's a waste of public resources and time," said Mr Cooney who works as a chef.
The Cooneys have two other children Hannah, 10 and eight-year-old Jack.
"Our legal costs have been awarded to us, but that's just one issue. A huge amount of time and effort has to be spent on these kind of cases and some days you feel guilty to deprive the other kids of your time," said Mr Cooney.
The Department of Education would not comment on the outcome of the legal proceedings yesterday. The ABA tuition provided at Stepping Stones has been successful in other centres, and already a number of the young pupils from the Co Meath school have been put into local Montessori and national school classes.
The cost to the State for the current year alone will be almost €900,000, according to the Department of Education.
The figure includes all staff, maintenance and rental costs, but does not cover computers and teaching materials, said Brigid Sinnott, director of education at Stepping Stones.
Her mother Kathy fought the State for her adult autistic son Jamie's education all the way to the Supreme Court.
Ms Sinnott said the success of the school has seen the number of pupils rising from just four when they opened in September 2001 to 24 today.
"Some parents have remortgaged their homes to keep their children there, so this funding is very welcome, even though it has taken this long," she said.
