Man claiming he missed out on autism specific education settles case for €125,000

Ann O'Loughlin

A 32-year-old man with autism who sued over an alleged failure to diagnose his condition in his early years claiming he had allegedly missed out on an autism specific education, has settled a High Court action for €125,000.

The settlement is the end of a long legal road for the family of Keith Callaghan who first initiated proceedings over 10 years ago.

Mr Callaghan has an autism spectrum disorder, and it is claimed he is unable to read or write or do any mathematical problems beyond the simplest addition, and he has no functional reading skills.

Keith Callaghan of Rahoon, Galway had through his mother Caroline Callaghan, sued the HSE; the Minister for Education, Ireland and the Attorney General as well as Brothers of Charity Services, Renmore, Galway which provides services for individuals with intellectual disabilities and the board of management of St Joseph’s Special School, Newcastle, Co Galway.

The settlement is without an ission of liability. The court also ordered that a fixed outlay sum of €50,000 legal costs be paid to Mr Callaghan's solicitors.

In the proceedings, it was claimed there was an alleged failure to diagnose Mr Callaghan's condition either adequately or in a timely manner and an alleged failure to provide an autism specific educational service.

It was further maintained that Mr Callaghan had been placed in a general special education school for the entirety of his school years allegedly without any or any adequate assessment of his needs or progress.

The HSE, it was claimed, allegedly failed to comply with its obligations under the legislation, and it was contended there was an alleged failure by the Minister for Education to comply with the obligations under the legislation.

There was, it was maintained, an alleged failure to arrange appropriate assessment of Mr Callaghan and alleged opportunities to identify his autism were missed.

All of the claims were denied.

Mr Callaghan's counsel Alastair Rutherdale BL instructed by David O’Malley solicitor, told the court that Mr Callaghan had been diagnosed with Autism Spectrum Disorder in November 2009, just before his 18th birthday. Counsel said it was too late at that stage.

Counsel said it was their case that Mr Callaghan should have been diagnosed from early in his childhood.

Mr Rutherdale said it had been a long and hard road for Mr Callaghan and his family.

Approving the settlement and granting the order to pay the costs, Ms Justice Nuala Jackson allowed €5,000 to be laid out immediately to the family for a holiday.

The judge noted the proceedings had been going on a long time and said the holiday was something they all deserved.

Outside court, Mr Callaghan's solicitor David O’Malley applauded the Callaghan family for their resilience during their long legal battle, and he said he hoped lessons can be learned from the case.