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Private report on autistic boy emailed to strangers
Justine McCarthy



A PSYCHOLOGIST'S assessment report on an autistic boy, containing intimate and explicit details about his sexuality and toilet habits, was emailed to total strangers by the civil service.

The boy's parents, who began legal proceedings against the state three years ago to provide for his special-education requirements, have failed to elicit an apology for the breach of confidentiality. They say they have suffered severe distress since the email was received 15 months ago by another family living one mile from them.

The boy, who has autism and cerebral palsy, turned 17 a month before the incident. He has not received long-term or continuous state education since the age of four and his legal challenge to the departments of education and health has been before the courts on 15 separate occasions to date.

The parents only discovered the infringement of their son's privacy when another couple with two special needs sons phoned to inform them that they had received an email with an attachment containing the education psychologist's report. The two couples, though aware of each other's existence, had never met.

"I was very disturbed and concerned that this information could just be sent to someone else, " says the woman who received the email. "Even if it was human error, they should apologise. I spent three years trying to get access under Freedom of Information to my own children's files and only got it through the Ombudsman's office in the end.

"It's been made clear to us that the state doesn't think much of our children. It doesn't think they're entitled to an appropriate education and health service, but surely by to God, they're entitled to their dignity."

The email, which was flagged 'High Importance', had been circulated among named officials in the Department of Education and the National Council for Special Education (NCSE). The covering note accompanying the 40-page report, sent to four named colleagues by a civil servant in the special education unit of the Department of Education, began: "Something for you to read in your spare time?" It continued: "I refer to the above-named child who is currently the subject of High Court proceedings against the Minister for Education and Science and others." It added that the boy "remains at home through no fault of the Department".

A solicitor instructed by the boy's parents wrote to the Department of Education on 13 December 2005 seeking an apology.

An uncontrite reply came back from the Chief State Solicitor's office on 9 February last year.

"The email was sent only to persons who have a role to play in the implementation of ---'s (boy's name) education programme and, as such, are either department officials or officials from the NCSE, " the letter stated. "We regret any upset occasioned to your client and reiterate our clients are committed to promoting ----'s welfare as a paramount consideration."

The boy's mother says she will not accept anything less than a written apology.

"It's bad enough they've done nothing for him for 14 years, but not to apologise for this is unforgivable. We're just lucky that these people contacted us. I can't help wondering how much of the data they've collected over the years has gone astray, " she says. "At the time this happened, we had advertisements in the papers for home tutors. To have that information out there showing exactly how vulnerable he is could make it very easy to manipulate him.

"Maybe they don't feel they need to apologise because he's not fully aware of the situation but that is not acceptable to me.

I'm so angry they can do this and then just let it go because he's autistic."




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