Sinnott accuses Hanafin of scare tactics

EDUCATION Minister Mary Hanafin has been accused of trying to frighten parents out of pursuing their children’s education rights.

Independent MEP and disability rights campaigner Kathy Sinnott said the minister’s warning to solicitors against taking unjustified cases was aimed at dissuading families from suing the State for their entitlements.

Ms Hanafin’s comments followed her decision not to seek estimated costs of €500,000 against the family of Richard Clare, whose case was rejected after a High Court hearing in July. They claimed the State did not provide sufficient resources for their son, who was diagnosed with Attention Deficit Hyperactive Disorder (ADHD).

Ms Hanafin said her department is more interested in spending money on resources for children with special educational needs than defending such cases.

But Ms Sinnott said the Department of Education had unjustifiably defended dozens of cases won by parents in the last decade.

“There’s no question but that she’s trying to frighten parents and intimidate solicitors,” Ms Sinnott said.

“Parents don’t bring matters to the courts lightly, they only go to a solicitor when all other options have failed,” she said.

The minister said she wanted to highlight to solicitors that unjustified claims are an abuse of the legal process. The Law Society described Ms Hanafin’s comments as an unwarranted attack on one of its members and urged her to withdraw them.

Law Society director general Ken Murphy said the minister description of solicitor Ernest Cantillon’s bringing of the case as unjustified and an abuse ignored the fact that three senior counsel and two junior counsel advised that the case had a good chance.

Mr Murphy said it would not be surprising if there was a level of resentment in the department because of Mr Cantillon’s success in previous landmark cases, including the Jamie Sinnott case, which compelled the department to live up to its legal responsibilities to children with disabilities.

“However, this in no way justifies the minister’s attack on a solicitor whose integrity is beyond reproach and whose dedication to vindicating the legal rights of the educationally disadvantaged has been a major factor in forcing major improvements in funding and facilities for some of our most forgotten citizens,” Mr Murphy said.

Ms Hanafin referred to the alternative routes for parents to appeal against allocated provision under the Education for Persons with Special Educational Needs Act, 2004. However, Mr Cantillon said the new legislation would restrict people’s ability to bring cases to court.

“It is going to bring us back to a situation where kids with special education needs get caught up in bureaucracy,” he said.