The parents of a boy with autism have begun a Supreme Court appeal against a decision of the High Court, which refused to force the State to fund a special form of education.
Yvonne and Cian Ó Cuanacháin are also seeking damages for what they say was the State's failure in the past to provide an appropriate education for their son Sean, who is now aged ten.
Three years ago the Ó Cuanacháin's lost a long-running High Court battle to secure State funding for a system of education known as Applied Behavioural Analysis (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 are two elements to their Supreme Court appeal: They are seeking damages for what they say was the State's failure to provide appropriate education in the past; and a guarantee for their now ten-year-old son's future education.
Their lawyers argued that the State should have intervened soon after diagnosis in 2002 to provide educational services.
Even though he was of pre-school age at the time, they argued it was well-established that early intervention is vital for children with autism.
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 want guarantees for his education in the future.
The Supreme Court will hear submissions on this element of the appeal tomorrow.
