Youth may be liable for €1m costs

The State may have to seek legal costs of more than €1 million, arising from a failed High Court case involving a boy suffering from attention deficit disorder, from the youth himself rather than from his parents, it has emerged.

Lawyers for the State told the High Court last week they would seek costs in the case in which a boy and his mother lost a claim that the State had not provided adequately for his education needs.

The case was taken by Ms Ann Clare, who sued the State through her son, Richard, who was a minor at the time of the court hearings in December 2003 and January 2004.

However, it has emerged that on July 30th, Mr Justice Smyth, who presided over the case, said he would amend the title of the claim to that of the boy who turned 18 earlier this year.

While costs are not typically sought against people who lose actions against the State where they have sought provision of services, the Department of Education says it considers the matters on a case-by-case basis.

A spokeswoman for the Minister declined to comment on whether the Department believed costs would be sought from the boy. She said it would be inappropriate to comment as the case was still before the courts.

Legal sources, meanwhile, have expressed mixed views on the implications of the change to the title of the claim.

One source said that despite the judge's amendment, it is likely costs may still be awarded against the boy's mother given that the case was initiated while her son was still a minor. Another said it would be a matter for the judge to decide when the cost issue comes before the court tomorrow.

The case before the High Court lasted 16 days and it is estimated that costs will be in the region of more than €1 million.

Figures supplied to The Irish Times last year show it spent €9 million contesting court claims regarding services for disabled people over the last five years. This figure has risen dramatically over the last three years.

While Government officials are concerned at the increase, disability groups and teacher unions say the majority of cases could be avoided if the State put enough resources into the area of special-needs education.

The €9 million figure underestimates the full cost of contesting the claims, as they do not include cases settled by the Department before going to court or the full cost incurred by the Chief State Solicitor's Office.