What parents sued State?

Condatis

I know that there have been cases where parents have sued the State for failure to provide access to education where a child had special needs.

I am thinking of cases where the State argued along the lines that the cost of providing access would be disproportionate.

I have been trawling the web for hours without success.

Any pointers would be appreciated.

CIARAN_BOYLE

Wasn't there a cork woman with a special needs son that went on the be an independent TD a few years ago.

Sorry I can't remember the name but maybe those details will help you find it

Tom Young

The case is called Sinnott. Here's the link to the memo - judgments hang thereof: http://courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/c978bac162ceb93b80257069004d2999?OpenDocument&Highlight=0,sinnott

The decisions by Keane CJ and Denham J (as she then was) are of interest.

There is another case, similar and more recent, can't remember it thought.

Equality

'I am thinking of cases where the State argued along the lines that the cost of providing access would be disproportionate.'

This is not the usual arguement. I have never heard it being suggested in modern Ireland.

The state will always provide access to education in modern Ireland (unless you are an undocumented immigrant child).

The usual difficulty is that the parent of a special needs child wants one option and the State offers a different option. In such cases the state is usually seen to be complying with the obligation to provide an education, as education is offered. There is no obligation to provide an expensive education.

20+ years ago it was different, some special needs children at that time did not attempt to access education. In modern Ireland the parent can still choose to educate at home, but if so must register with the Education Welfare Board. There was no such body 20 years ago.

Procrastastudy

OP you may want to look at the non-justiciability of socio-economic rights in general. The short version is the Courts don't tell the legislator how to spend public money. It's essentially a separation of powers issue.

As always I have put this exceptionally simply and bluntly (just like me) but hopefully it might give you a starting point. Article 45 of the Constitution is an interesting read.

Condatis

I phrased my opening post inadequately.

I think that the case I am trying to trace is along the lines of a child whose Personal Assistant was withdrawn, or withdrawal was threatened or the facility of a Personal Assistant was refused.

The child would not have been able to access education without the services of a Personal Assistant.

A little vague I know, but I just can't find the case.

Tom Young

Tom Young wrote: »

There is another case, similar and more recent, can't remember it thought.

TD v Minister for Education maybe?

Procrastastudy

Condatis wrote: »

I phrased my opening post inadequately.

I think that the case I am trying to trace is along the lines of a child whose Personal Assistant was withdrawn, or withdrawal was threatened or the facility of a Personal Assistant was refused.

The child would not have been able to access education without the services of a Personal Assistant.

A little vague I know, but I just can't find the case.

Could be a nice Admin Law argument there as well as a Constitutional one.

chasm

Condatis wrote: »

I know that there have been cases where parents have sued the State for failure to provide access to education where a child had special needs.

I am thinking of cases where the State argued along the lines that the cost of providing access would be disproportionate.

I have been trawling the web for hours without success.

Any pointers would be appreciated.

Would it have been the Ó Cuanacháin case? They were seeking to oblige the state to educate their Autistic son through ABA? The family lost the case if i recall.

Condatis

chasm wrote: »

Would it have been the Ó Cuanacháin case? They were seeking to oblige the state to educate their Autistic son through ABA? The family lost the case if i recall.

That's the one right enough – thank you.

Equality

There was also a case involving a boy with Downs Syndrome and Lucan Educate Together school. It did not go to court - the family emigrated as the SNA was refused.