School autism resource under High Court review

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School autism resource under High Court review

Published Date: 14 May 2009

By Henry Bauress

A legal challenge by a Leixlip mother to have her autistic son educated at

Coláiste Chiarán is due to be mentioned in the High Court this week.

Fairuz Rose Ali Hamad has been fighting to enrol her son in the secondary school

for over a year now against the wishes of Coláiste Chiarán Community School's

Board of Management.

This Wednesday, the case is due to be mentioned in the High Court with a view to

a fuller hearing later this year, possibly in July.

Ms. Hamad, a qualified veterinary surgeon, is currently educating her son,

Laith, who will be 14 in July, at home. Laith, who has autism, and dislikes

noisy atmospheres, requires special education treatment in a quiet atmosphere.

It has been recommended by the Department of Education initially that he attends

a special unit at St. Raphael's in Celbridge but his mother and her professional

advisor, psychologist, Treacy, is arguing that this is not suitable and

that for social reasons he should be accommodated at a special unit in Colaiste

Chiarán. Salesians College in Celbridge has also told her there is no place for

him.

Laith has been educated with the help of special needs assistants in Scoil

Mhuire in Green Lane and before that he attended Scoil Linbh Iosa in Kildare, a

35 kilometre trip for him and his parents.

When Ms. Hamad, who lives in the Glen Easton area, applied to Coláiste Chiarán

for a place for her son, last year it refused admission around May 2008 on the

grounds it believed he had significant intellectual impairment. It is claiming

that it is entitled to refuse entry under its school enrolment policy.

But the school did advise Ms. Hammad she had the right to appeal to the

Secretary of the Department of Education. She did so and, following a hearing in

November 2008, the Department Appeals Committee ordered the school to accept

Laith. Following that, in early February, the school sought a Judicial Review in

the High Court to try overturn this decision.

It is arguing that the Autism Unit it decided to establish around May 2007 did

not cater for someone with significant intellectual impairment, which it

beleives Laith has. It is arguing that it does not have the resources in the

unit as there is only one special needs assistant and one and a half teachers

assigned to the unit.

Ms. Hamad, who is being assisted by barrister, Hanlon, who runs an autism

support group in the Leixlip areas, is now awaiting the outcome. Her case is

that the school has an autistic unit and that Laith does not have " significant

intellectual impairments " .

She has produced a report from educational psychologist, Treacey, who said,

in summary, that Laith had low moderate learning difficulties and should be

educated in a mainstream secondary school as close as possible as home.

She has also offered to qualify as a Special Needs Assistant and act in that

capacity in the school's unit for a period.