Council lied in order to deny autistic boy his ‘human needs’

A COUNCIL has been ordered to re-house a family or build a suitable extension to accommodate the needs of an autistic boy, by the Equality Authority.

The Equality Tribunal officer found that the unnamed local authority lied to the woman about its own architect’s assessment of a possible extension, which was first sought more than six years ago to provide extra space because of the boy’s disability.

She has ordered that the council pay the maximum €6,350 compensation allowed under the Equal Status Acts 2000-2004 to the boy’s mother. She was represented by the Equality Authority in her case under the Equal Status Acts 2000-2004 in a disability discrimination claim in respect of her application under the Disabled Person’s Alteration Scheme.

The Equality Officer’s expressed considerable concern that the council misrepresented the contents of an architect’s report.

“The local authority had told the claimant that the architect’s department had said an extension to her residence was not feasible. The department had in fact stated that an extension seemed feasible and should be costed,” she found.

The officer also found that council staff treated the boy’s disability less favourably than a physical disability, and the fundamental reasons for the application were simply not taken on board. Her ruling found the council had ignored the recommendations of a number of qualified external professionals in favour of the complainant’s application.

“The local authority has no formal policy criteria or procedures for the processing of applications under the scheme and their method of prioritisation therefore lacks clarity and transparency,” she wrote.

The woman who brought the case expressed delight last night after fighting for justice for her son for more than six years.

“The way the council denied a child with a disability his basic human needs has been a horrific experience for my family. I consider it a major victory that the council now has to write a policy document, which will make transparent the procedure of administering the disabled persons alteration grant scheme,” she said. She added that this would ensure that no family would be subjected to what her son and family had endured.

Equality Authority chief executive Niall Crowley said the case highlighted the absence of formal and transparent policies for decision-makers in local authorities, which was becoming a breeding ground for discrimination cases.

“There are a significant number of cases regarding accommodation coming to us under discrimination on grounds of disability and membership of the Travelling community,” he said.

“The misrepresentation of the architect’s department report to the claimant in this case appears to reflect a cynical attempt to divert the attention of the claimant from achieving her rights,” Mr Crowley said.

The Equality Officer said she could not accept the application was processed in a reasonable or acceptable manner.