Settlement agreed in case of autistic boy

A 15-year-old autistic boy who has taken High Court proceedings against the State aimed at securing an education appropriate to his needs has settled the part of his action against the Heath Service Executive.

However Brian Hiney's action against the Minister for Education and the State continues.

Hiney, suing through his mother Carmel, from Church Street, Crossmolina, Co Mayo, claims the State has failed to provide him with appropriate education and has therefore breached of his Constitutional rights.

He wants orders compelling the State to provide him which such education and damages for alleged breaches of rights.

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.

Today the High Court heard that the Brian's action against the HSE had been settled.

Under the terms of the settlement the HSE Brian agreed that Brian will get 19 sessions of speech therapy per year until he is 18 years old.

He will also receive €200 per month to pay for occupational therapy services, plus a once off payment €400 so that he can be assessed by an OT professional.

The HSE further agreed that it will provide a number of services, such as behavioural therapies, as well as support services for those educating Brian, also until he is 18.

In addition the HSE also agreed to pay Brian's family €10,000 towards their legal expenses and a €5,000 payment for other expenses.

The case, before Mr Justice John Edwards, was first before the courts in 1998 but was adjourned generally in 1999 with liberty to re-enter. It was re-entered in 2003.

It is claimed that Brian, who is represented by Pauline Walley SC, with John Hanlon BL, had in 2006 ended his primary school education, where he was taught on his own.

It is claimed he had been unable since then to obtain a placement at a secondary school that would provide him with an autism specific service.

The case resumes next week.