An association for severely and profoundly mentally handicapped people has called on Education Minister Dr Michael Woods to withdraw his appeal against a High Court judgement, which directed him to provide free primary education for a 23-year-old autistic man. The association said that the appeal, if successful, would have dire consequences for all special needs people.
Last October, the High Court awarded a 22-year-old autistic man, Jamie Sinnott, and his mother Kathy, more than £250,000 after finding that the State had failed to provide Mr Sinnott with a primary education. It was a landmark judgement and one which has far-reaching implications for handicapped people and for the State.
Within a month, the Department of Education announced that it would be appealing the Sinnott judgement on 17 grounds. These included an appeal against the damages awarded to the Sinnotts, although the Department made it clear that around £50,000 already paid over to Jamie and Kathy Sinnott would not be clawed back if they succeeded on this point.
Today, the association representing severely and profoundly mentally handicapped people called on Dr Michael Woods to withdraw his appeal, claiming it was an attempt to deprive the handicapped of their constitutional rights.
In a statement this afternoon, a spokesperson for the Department of Education said that Minister Michael Woods had a duty and responsibility to invite the Supreme Court to decide on certain constitutional aspects of the Sinnott judgement. The statement added what was being done in the State's appeal was an attempt to clarify points of constitutional law.
