An application by an ill, "sad and frightened" autistic man for orders directing the State and Southern Health Board to provide appropriate care and education for him was adjourned yesterday at the High Court after lawyers for the board indicated it will arrange for an expert assessment of the man's needs.
Mr Hugh O'Neill SC, for the board, made the offer on the second day of the application by Mr Shane O'Mahony (21), Sweetbriar Lane, Inniscarra View, Ballincollig, Co Cork. The court heard Mr O'Mahony is in Cork University Hospital. His mother, Mrs Maud O'Mahony, said he is in poor physical condition and is "a very sad and frightened man".
In light of the board's offer, Mr Justice Finnegan said he would adjourn the matter for mention on December 21st. The board will in the interim arrange for an assessment of Mr O'Mahony's needs, assess the extent to which the Brothers of Charity centre at Lota, Cork, can meet those and get a psychiatric view regarding Mr O'Mahony's reaction on going back to Lota.
Mr O'Neill said he hoped to procure the involvement of a Dublin-based expert on autism. Mr Felix McEnroy SC, with Mr Paul Sreenan SC, for Mr O'Mahony, said they would welcome the involvement of that expert and asked the expert be given access to files regarding Mr O'Mahony held at Lota or by the SHB.
Earlier, in her affidavit, Mrs O'Mahony said her son needed urgent medical intervention.
The State and Southern Health Board have denied they failed or are failing to provide suitable care and education or that this alleged failure has contributed to Mr O'Mahony's poor physical condition.
In submissions made prior to the SHB offer, Mr Peter Charleton SC, for the State, opposed the application by Mr O'Mahonhy, his parents and four brothers for orders directing the State and SHB to have a person suitably qualified in autism carry out an appropriate assessment of his present care, his future education and welfare needs and to provide such care and welfare as deemed appropriate.
The interlocutory orders were sought by the O'Mahonys pending the determination of legal proceedings between the parties in which the O'Mahonys are seeking a declaration that their constitutional rights have been breached through the alleged failure by the State to provide appropriate care and education for Mr O'Mahony, an order directing such education be provided and damages for the alleged breach of constitutional rights.
Mr Charleton said there was a an extreme contest of facts between the parties. He said the evidence was Mr O'Mahony attended a number of schools including schools run by the Brothers of Charity at Lota and had made progress. He had experienced some problems but, counsel said, these may have resulted from his health problems.
He said Mr O'Mahony was taken out of Lota by his parents in February 1998 and has been at home since. All the experts agreed Mr O'Mahony should not be at home and what he required was a structured series of modules of care which was available at Lota, Mr Charleton said.
