A Supreme Court appeal by the parents of a boy with autism aimed at forcing the State to fund a special form of education has been dismissed after the court decided there were 'no issues' remaining between the sides.
The court noted that ten-year-old Sean Ó Cuanacháin had been receiving the specialised Applied Behavioural Analysis education his parents had sought since losing their High Court case three years ago.
Yvonne and Cian Ó Cuanacháin had no order for costs awarded against them but the court allowed an appeal by the Health Service Executive against an award for damages made three years ago.
The High Court had awarded the couple €61,000 for delayed diagnosis and provision of services for the boy.
Afterwards the Ó Cuanacháins said they were glad that the 'torment was over'.
They said it was open to them to return to the courts if the State discontinued its funding for ABA education for their son.
However, they said they hoped not to have to do that.
Three years ago Cian and Yvonne Ó Cuanacháin lost a long-running High Court battle to secure State funding for a system of education known as ABA for their son, who was seven at the time.
The court ruled that an alternative system offered by the State, known as the Model A system, was appropriate.
They said the system could not meet his needs and had paid privately towards an ABA education at a Wicklow pre-school.
There were two elements to their Supreme Court appeal: They were seeking damages for what they said was the State's failure to provide appropriate education in the past; and seeking a guarantee for their now ten-year-old son's future education.
Senior Counsel Paul Sreenan told the court that the State had an obligation to provide an education for the boy and that parental preference for the form of education should be taken into account.
The court heard that Sean Ó Cuanacháin has been receiving State funded ABA education but his parents wanted guarantees for his education the future.
The Supreme Court had adjourned the case until today after noting that the main point of their appeal could be 'moot' as the boy was currently receiving state funded ABA.
