The mother of a seven-year-old autistic boy is challenging the HSE’s refusal to consider putting him on a waiting list outside his own catchment area for support services.
In High Court proceedings, she claims the HSE should not confine its considerations to available places for such services to his locality. She says she is prepared to travel with him to another catchment area where services may be more readily available.
There is a big disparity between waiting times in various HSE areas with some people having to wait years while others wait months, the court heard.
In her action, the mother says the HSE had in February 2020 provided an assessment of her son’s needs which did not set out clearly when he would receive those services. A liaison officer has determined he needs speech and language and occupational therapy as well as psychology and educational supports.
She and her husband complained and earlier this month a complaints officer issued a second service statement which did not address the issues and outlined an even greater delay in getting the services, she says.
They were told services would commence in October 2022 but even that was only an “aspirational date and there is no guarantee that the services will actually commence then”, she says.
The mother says it would be very easy for her to travel to another catchment area in less than an hour. It is“particularly upsetting other areas have much shorter waiting lists” while it appears there is no possibility of her son being considered by a service provider with shorter lists.
She says, without professional help, her son will never reach his full potential. She and her husband are “desperate for professional help for our son before things become even worse for him”.
She seeks orders quashing the complaints officer’s decision earlier this month and remitting the matter back to that officer for a decision in which reasons are given.
She also seeks a declaration, under the Disability Act 2005, that HSE complaints/liaison officers are not constrained from considering the practicability of a service being provided merely by reference to a person’s address.
On Monday, Mr Justice Charles Meenan granted Feichín McDonagh SC, for the mother, leave to bring the challenge following a one-side only represented application.
The case returns in June.