Family of autistic boy commence proceeding against State

The family of a 15-year-old autistic boy who has been unable to obtain a secondary school place for almost two years has commenced High Court proceedings against the State aimed at providing the boy with an education suitable to his needs.

Brian Hiney, suing through his mother Carmel, from Church Street, Crossmolina, Co Mayo had brought an action seeking to compel the Minister for Education and the State to provide him with an education that is suitable for his needs, and are seeking an order directing the defendants to provide him with an appropriate education suitable for his needs.

They are further seeking a declaration from the court that in failing to provide Brian with his educational needs the State are depriving him of his constitutional rights, and damages.

The State denies that it has failed to provide Brian with an education appropriate to his needs, or that it has failed to comply with the relevant provisions of the Constitution.

The hearing of the case which began today before Mr Justice John Edwards is expected to last for several days. Originally this action was before the Courts in 1998.

In 1999 it was adjourned generally, with general liberty to re-enter.

However five years ago the case was re-entered by Mr Justice Nicholas Kearns.

Brian, who is represented by Pauline Whalley SC and John Hanlon BL, ended his primary school education, where he was taught on his own in May 2006, and has not been able to obtain a school placement at a secondary school that would provide him with an autism specific service.

In an affidavit to the court Ms Carmel Hiney said that her son has not been offered an appropriate educational placement suitable to his needs.

Brian, who is one of five children, was diagnosed as suffering from autism in June 1998. She said that as an infant his lack of speech development became a concern, and at 3 years of age he displaying erratic behaviour.

Following research Ms Hiney said that she and her family set up a two-year 40-hour a week special programme which aimed to help aimed to help prepare children with autism with mainstream education known as the Lovaas programme.

She said the family worked endlessly with Brian and the programme resulted in an improvement in Brian.

The case continues.