Courts / Ireland / Report
HSE consents to orders directing needs assessments
Summary
In a High Court case, the HSE agreed to orders requiring it to assess the health and educational needs of three siblings suspected of autism within eight weeks. The mother, represented by Feichin McDonagh SC and Brendan Hennessy BL, had brought judicial review proceedings after the HSE failed to commence assessments following an application submitted in late March 2018. She argued that under the 2005 Disability Act, assessments must begin within three months of receipt of the application. The court granted permission to bring the review ex‑parte in December, and when the matter returned, Mr Justice Seamus Noonan noted the HSE's consent to the orders. The children's claims for damages, including aggravated damages for alleged breach of duty, remain pending and have been adjourned for three weeks. The case is one of many similar proceedings alleging delays in assessing children's needs.
Who, what, where, when and why
What: Report matter: HSE consents to orders directing needs assessments. Procedural stage: hearing_or_decision
When:
- March 2018 Hearing Or Sentence
- 2019-02-08 Publication
Why: The youngest boy has been referred for early intervention because a public health nurse had concerns given the family history. CNI source report
Places mentioned
- High Court
- The High Court
Topics
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