Fine Gael calls for educational needs appeals mechanism

FINE Gael called on the Government yesterday to introduce a mechanism through which parents who do not feel their children’s educational needs are being met by the State can appeal without going to court.

The party made the call after the parents of a six-year-old autistic boy were left facing an estimated e2 million legal bill following a High Court ruling this week.

Cian and Yvonne Ó Cuanacháin, from Arklow, Co Wicklow, lost their battle for the State to educate their son, Seán, through a special method known as Applied Behaviour Analysis, which has proved effective for other children in similar circumstances.

The High Court ruled the Ó Cuanacháins were not entitled to an order for their legal costs following the unsuccessful action.

In the Dáil yesterday, Fine Gael deputy leader Richard Bruton said it was a “tragic” case and argued parents should not have to resort to the courts to fight for their children’s education.

“Eight years on after the idea of a bill to provide education provision based on the needs of an individual was introduced in the Dáil, we still do not have an appeals mechanisms through which parents who feel their needs are not met by the Department [of Education] can appeal without going to the courts,” Mr Bruton said.

“How can a Government stand over a situation where no appeals mechanism is in place which can be utilised by families?”

In response, Tánaiste Brian Cowen said he had “great sympathy” for the parents, but added: “We must respect the outcome of the courts which have interpreted the law in this area.”

He then suggested a parliamentary question to Education Minister Mary Hanafin would be the most appropriate way to ask about the appeals mechanism.

When pressed, Mr Cowen stressed the Department of Education had developed policy in this area in recent years and “has been having a great degree of success in many respects in mainstreaming people with disabilities into the education system”.

He added: “It is hoped the clarification of the legal position which has been brought to this situation should inform future action so that referral to the courts is not the means of providing a solution to that problem.

“Much ongoing work and consultation, including work in partnership with people in the community, are the means of finding the best solution to these issues.”