Autistic boy's mother wins landmark discrimination case

The mother of an autistic boy has won a landmark discrimination case against her local authority.

The woman was awarded a record €6,350 after fighting for justice for her son for more than six years.

The authority was also ordered to immediately build an extension for the autistic child or re-house the family in suitable accommodation and draw up a policy document.

“I have had to fight for six and a half years to get justice for my son,” said the woman, who was represented by the Equality Authority.

“The way in which 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.

“This will ensure that no family has to endure what my son and family have been subjected to.”

The claim, brought in respect of the mother’s application under the Disabled Person’s Alteration Scheme, was awarded under the Equal Status Acts 2000 – 2004 in a disability discrimination claim.

The boy’s mother declined to reveal the family’s identity, while the ruling guaranteed the local authority anonymity.

The woman lives in a mid-terrace property with her two sons, one who is autistic, and an adult sister.

In 2001, she applied for an extension to her residence to provide additional required space for her son on foot of his disability.

Her application under the Disabled Persons Alteration Scheme was at first refused but after two appeals was approved by the Director of Public Health and Medicine in 2004.

However, the application was accorded a low priority level.

In 2004 the local authority announced a policy change in that it would no longer build extensions to mid-terrace properties, but would, where necessary, invite tenants to transfer to alternative suitable accommodation.

The claimant was not transferred to alternative suitable accommodation.

An Equality Officer of the Equality Tribunal found she could not accept that the manner in which the mother’s application was processed was reasonable or acceptable, that the local authority has no formal policy criteria or procedures for the processing of applications under the Scheme, that the child’s specific circumstances and needs were not properly considered by the local authority, and that staff compared the disability of the claimant’s son less favourably with physical disabilities.

She said she would have ordered a higher amount of compensation but she was constrained by the legislation in the amount she could order.

The local authority was also ordered to draw up a formal written policy in relation to the Disabled Person’s Alteration Scheme to include the precise requirements from applicants, detailed guidelines and appeal mechanism.

“This decision will have major implications not just for people with autism and the Disabled Person’s Alteration Scheme but also for the mechanisms, policies and criteria used by local authorities and other decision makers for the processing of applications made by people with disabilities and others,” said Niall Crowley, Chief Executive Officer of the Equality Authority.

“Applications from people with disabilities need to be considered on an individual basis, taking account of all the needs and circumstances of the applicant with a disability.

“This case highlights an urgent need for formal and transparent policies, practices, procedures and criteria governing decision making by local authorities and others.”