The first response of the Health Service Executive (HSE) and Department of Education when challenged about the provision of services for those with disabilities and special needs is to “lawyer up”, the Seanad has heard.
Fianna Fáil Senator Malcolm Byrne called for a debate “around the culture that exists within the State” and its agencies after a statement in the High Court by Mr Justice Charles Meenan about the “dramatic increase” in the number of actions against the HSE regarding the assessment of needs for children with disabilities.
The judge pointed out that there had been an average of two or three new applications every week but this had increased dramatically to seven such cases coming before the High Court.
Mr Justice Meenan said the issue had to be addressed and directed the HSE to appear before the court in December to deal with the matter, although he noted that he was not making any judgment about who was responsible for the problematic situation.
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But in the Seanad, Mr Byrne said that “in almost every single case, the parents have been dragged through the legal process”.
Parents are bringing judicial review challenges against the HSE over alleged delays in completing assessments of needs, he said.
The Senator said that “the courts will say the legislation, particularly under the Disability Act 2005, is very clear that the State has an obligation to provide for these children”.
He believed legislators had “done a good job in this area in many ways”, in passing the Disability Act and in having a very good disability committee, an excellent autism committee and “an indefatigable Minister of State with responsibility for disability services, Anne Rabbitte”.
He said there was unity on the issue in the Oireachtas but he said “what really frustrates me and drives me mad is that family after family must resort to the courts to secure their rights”.
Mr Byrne said he believed it was no good talking about legislative provision “if the approach of the HSE and the Department of Education, any time there is a challenge, is to lawyer up”.
He said it was not just the HSE but other agencies including the Department of Education as he cited the case of Calum Geary whose father Andrew had to fight for his deaf son. “They were dragged to the steps of the High Court before the Department of Education finally settled.”
Calling for a debate around the culture that exists that within the State, he asked why the first response was not to look at “how we can provided the necessary supports at a local level”.
“We talk about speech and language therapy, and everything else, and it is quite often far cheaper to intervene at an earlier stage,” Mr Byrne said.
“There is a crucial Supreme Court decision coming up in this area, which will uphold this, but we need a debate in this House and within broader society as to why it is, when we have made legislative provision very clearly and want to support these families, the State continues to drag them kicking and screaming to the doors of the High Court.”
The HSE confirmed earlier this year that there was an average 19-month waiting time for an assessment, despite a legal requirement for them to be completed within six months.
