Autistic boy's parents say costs threaten home

Updated: 22:08, Tuesday, 29 January 2008

The parents of an autistic boy face losing their home over costs of their High Court challenge to the State on their son's education.

1 of 2 Cian & Yvonne Ó Cuanacháin Say they fear loss of home
Cian & Yvonne Ó Cuanacháin
Say they fear loss of home
2 of 2 Seán Ó Cuanacháin Parents must pay legal costs
Seán Ó Cuanacháin
Parents must pay legal costs

The parents of a seven-year-old autistic boy say they face losing their Co Wicklow home after they lost their High Court challenge to force the State to pay for their son's education.

Yvonne and Cian Ó Cuanacháin lost their case to force the State to provide Applied Behavioural Analaysis or ABA tuition for their son, Seán, and today the court decided all sides must pay their own costs.

Overall costs in the case are estimated at €5m.

Mr Justice Michael Peart ruled the Department of Education, the HSE and the Ó Cuanacháins must cover their own costs.

Speaking after the judgment, Seán's parents said aside from their solicitor's fees, counsel fees would leave them facing a 'desperate future'. Their house, they said, was their only asset and they could now lose it.

The family claims to have spent tens of thousands of euro already trying to make up the shortfall in Seán's education with private tuition.

They say the Department of Education had used their case to set a precedent and not extend ABA tuition to more schools.

150 other families in a similar position were awaiting the outcome of the original trial before considering taking their own cases.

Neither the Department of Education or the HSE sought costs but they opposed costs being awarded against them.

The bill facing the State and HSE arising from the action is estimated at more than €2m.

A Department of Education spokesperson would make no comment on the outcome of today's proceedings.

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