The High Court has granted permission to a boy who has autism to pursue a challenge to a proposed six-year time frame for HSE access to what his mother claims are “key” intervention services, without which “significant” harm to the boy’s health would be caused.
The five-year-old, through his mother, is seeking a judicial review challenging the wait.
In her affidavit, the mother of the boy said that in her son’s earliest years, she became concerned that her child was missing his developmental milestones, and that he was “displaying delayed speech and language, and would have frequent tantrums”.
The mother applied for an assessment of her child’s needs on December 13th, 2022. She said that this application should have commenced, according to the Health Service Executive’s timelines, on February 13th, 2023, and should have been completed on May 13th, 2023.
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She submits that she received the assessment report “17 months outside the statutory timeline” on October 16th, 2024.
“The report confirmed my suspicion that [her child] met the criteria for autism spectrum disorder,” she argues.
The woman claims that the report confirms that the boy exhibits “significant delays in achieving developmental milestones across various domains”, such as motor skills, language, cognitive abilities and social-emotional development.
It is submitted by the woman that the delays are “more extensive than what would be expected in a child with autism”.
She says she was “taken aback” that there was a waiting time of six years between applying for an assessment, and the proposed receipt of HSE services in 2028.
“It is common knowledge that early intervention is key for any child with autism and in my opinion, a delay of six years would cause significant harm for his health and educational prospects,” she submits.
She also claims that a proposed commencement date of May 2028 is “not binding” and that this date can be deferred.
“I am personally aware of other families that have been waiting for years for services only to be told that the commencement date cannot be met ... how can this happen in a wealthy country like Ireland is hard to believe,” she says.
At the High Court on Monday, Feichín McDonagh SC, appearing for the boy and his mother, said the six-year gap between applying and receiving services was “extraordinary”.
Mr McDonagh successfully applied for permission for a judicial review hearing seeking to quash the service statement.
Ms Justice Mary Rose Gearty granted permission to proceed with the challenge to the service statement, reserved costs in the matter and adjourned the case to April.
