Mom threatens to sue State over aide for visually-impaired boy

THE mother of a special-needs child is threatening to take the State to court over the Education Ministry's failure to provide him with an aide at primary school.

The mother is represented by attorney Gerald Ramdeen, who sent a pre-action protocol letter to the Attorney General on October 14. The AG was given seven days to respond.

However, Ramdeen said the matter should not go beyond the letter and he hoped for a favourable response to end the child’s suffering.

In the letter, Ramdeen said the boy’s mother intends to file a constitutional claim for redress to challenge the ministry’s failure to provide the boy with an aide since 2022.

He said it was urgent because the boy, 12, is preparing to write the Secondary Entrance Assessment (SEA) exam next year.

Ramdeen said the boy was diagnosed with congenital cataracts in both eyes at birth. In 2014, he underwent a vitrectomy surgery and right and left cataract extraction. Vitrectomy is an eye surgery used to treat problems of the eye’s retina and vitreous body.

“Despite his tender age his mother has endeavoured to take all steps that she can afford to ensure that he, though differently abled can pursue his education.

“Her actions have not only been courageous but have been extraordinary and against all odds with regard particularly to the fact that she is a single parent.”

Ramdeen said the State had a duty to give the boy an aide.

An application was made for once since 2022, when the boy transferred to the School for Blind Children in Arouca.

“(Name called) is writing the SEA examination next year and his mother is very concerned that he is being deprived of the opportunity to receive a proper education and to prepare for this critical examination due to the lack of an aide.”

Ramdeen noted for fiscal 2025, the government allocated $7.3 billion to the Education Ministry.

Yet, he said, “a visually impaired child cannot get access to an aide to assist him in his educational pursuits.

“There can be no greater sign of the place that differently-abled children occupy in this country under this government.”

Ramdeen accused the government of not caring for differently-abled children.

“It is clear that in formulating the budget statement the needs of our differently-abled children were not at the forefront of the minister’s considerations.

“Their numbers are too small and their needs too unimportant to those who manage the resources of this country so theirs’ remain a voiceless unimportant minority to the Executive.”

He said his client was guaranteed the right to liberty.

“The right of a disabled child to pursue an education at a public school without any disadvantage is a right guaranteed under the liberty provision of section 4 (a) of the Constitution.”

The letter also said TT was a signatory to the UN Convention on the Rights of Persons with Disabilities, so the Government had a duty to provide aid to a child with visual disability while ensuring the child's best interest was a primary consideration.

Ramdeen said the government’s policy on the rights of the disabled was recognised in the Education Ministry’s inclusive education policy, the national policy on persons with disabilities, and the draft special education policy.

“These policy documents clearly outline the acceptance of the duty of the State to provide an aide to a child suffering from a medical condition.”

He referred to three students with congenital cataracts who received aides at the primary- and secondary-school levels.

The letter was also copied to the Education Minister and the ministry’s permanent secretary; the principal of the School for Blind Children; the St George East school supervisor; and the ministry’s Student Support Services Division.

“(Name called) has suffered tremendously due to his conditions, especially without the assistance of an aide; despite this, he has continued to persevere in pursuit of acquiring an education.

“The State has a recognised duty to ensure that this child is provided with all the resources to ensure that he suffers no disadvantage as a result of his conditions.

"In this crucial time in (name called) life, he continues to endure great frustration and unnecessary emotional and mental anguish by not receiving any assistance to aid in his development despite his best efforts.”

If the matter goes to trial, the child’s mother will seek several declarations and an injunction for an aide to be provided and compensation.