Families sue over HSE failure to assess children with special needs

High Court actions similar to those initiated last week by others affected by delays

The families claim that under the 2005 Disability Act, the children must receive an initial assessment of need from the HSE within three months of an application being made. Photograph: Istock
The families claim that under the 2005 Disability Act, the children must receive an initial assessment of need from the HSE within three months of an application being made. Photograph: Istock

Three families with young children with special needs have taken High Court proceedings over the HSE’s failure to complete assessments of their requirements.

The families, who cannot be identified for legal reasons, say they have been waiting for some time for assessments to be carried out on the children.

Derek Shortall, for the families, said the actions are similar to those taken by three other families which were initiated last week.

The families claim that under the 2005 Disability Act, the children must receive an initial assessment of need from the HSE within three months of an application being made and the assessments must be completed within a further three months.

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The process involves a multi-disciplinary team comprising an occupational therapist, speech and language therapists, a physiotherapist and a psychologist. When completed, the assessment should include a diagnosis and a statement of services required by the child.

Assessment of need

It is claimed no component of the assessment of need has been commenced in the latest three cases and no completion date has been indicated to the families.

In their proceedings, the families wants orders compelling the HSE to complete the assessments of needs within the required 30 days.

They also seek declarations the HSE has failed to comply with its statutory obligation to complete the assessments within three months of one being requested, and to complete the assessment within three months once it has started.

Permission to bring the actions was granted on Monday, on an ex-parte basis (one side only represented), by Mr Justice Séamus Noonan who returned the case to early next month.