An autistic boy who was left alone in a house and locked in a toilet has been awarded €50,000 in damages at the High Court.
The court heard that Alex Berry, who was aged 11 at the time, was severely distressed and traumatised after the incident and suffered a regression in behaviour.
Through his father Peter Berry, from Coolatree Park in Beaumont in Dublin, he sued the Health Service Executive, the care worker and Northside Home Care Services Limited.
This morning the High Court approved a settlement of €50,000, which was made without admission of liability.
The High Court was told that the boy's father saw his care worker walking away from her home when she was supposed to be caring for his son.
He drove to her home and saw her return and free his son from a toilet under the stairs.
Approving the settlement Mr Justice John Quirke said it was ‘absolutely scandalous’ behaviour.
He said it was a very good settlement and hoped the parties responsible understood what they did.
It was an absolutely dreadful thing to do, he said.
Mr John Fox BL for the parents told the court that the HSE provided home support for the plaintiff's family at the carer's own home through a funding arrangement with Northside Home Care Services.
The carer was employed as a home help for the boy for 15 hours per week.
She had been engaged by NHCS in this task for two and a half years preceding May 2005.
Alex was entirely dependent on the carer during his stay at her premises and his condition meant he could not be left alone and required adult supervision at all times.
In a statement of claim, it was submitted that on 3 May 2005 the carer collected Alex from his maternal-grandmother's home at 11am at Castletimon Road and brought him to her own home at Larchill, Santry.
Peter Berry observed her walking away from Larchill at 3.45pm on 3 May 2005.
He was concerned that his son was not with her and he drove to her home and as he knocked on the door of the house he observed the carer unlocking the toilet door under the stairs to release Alex.
He said the boy was in a very distressed state.
The HSE denied it was negligent or in breach of duty.
It claimed that the incident occurred because of the negligence and breach of duty of Northside Home Care Services and held that the carer, Siobhan Quinn, caused or permitted herself to conduct her duties in a grossly negligent and irresponsible manner.
Northside Home Care Services, in denying the claims, conceded it employed Ms Quinn but denied the allegation that it was negligent or in breach of duty.
It claimed that if Alex was caused to suffer personal injury
it was caused or occasioned by reason of the unlawful actions of Ms Quinn who was solely and exclusively liable in respect of the alleged incident.
