High Court proceedings, aimed at compelling the State to provide appropriate education to a teenager who has Asperger’s syndrome and who has missed several months of teaching following his “permanent exclusion” from school, have been put back to the autumn.
The family of Richard O'Connell (15) had gone to court seeking an order that the National Council for Special Education, the Minister for Education and Science, Ireland and the Attorney General provide him with appropriate education, therapies and support services.
Richard, who is suing through his father Michael, of Celbridge, Co Kildare, was also seeking a declaration that the failure to provide him with an appropriate education was to deprive him of his constitutional rights.
The State has opposed the action, before Mr Justice John Edwards, on the grounds that prior to proceedings being initiated it had not been asked to provide Richard with educational services.
John Peart SC, for the O'Connells, asked that the case be adjourned to October "to enable certain matters to take place". Paul O'Higgins SC, for the State, said he had no difficulty with the adjournment and said that the State was anxious that Richard secure a school placement.
Mr Justice Edwards said that this was an important matter and indicated that if required, he was prepared to hear the case during the summer vacation.
Opening the case, Mr Peart said that Richard had attended the Salesian College in Celbridge and until recently was a second-year student there.
Academically he fared okay, however there were discipline problems because, Mr Peart said, Richard's medical condition was not properly addressed.
Asperger's syndrome was controllable once a proactive stance was taken, Mr Peart added. The school had employed a special needs assistant to address his needs. However, last December, Richard was suspended after striking another student with a padlock.
There had been previous incidents and the matter with the padlock was "the straw the broke that camel's back". Mr Peart said it later became clear from correspondence that Richard was not wanted back by the school or other pupils and parents. He was excluded in March.
Counsel said that Richard's parents were concerned about his education because, apart from some schooling at home in May, he had missed out on half of an entire school year.
Counsel said that it is an unlawful act for a child not to attend school, and Mr and Mrs O’Connell were afraid that they might be prosecuted.