Courts / Ireland / Report
Judge finds assessment process for children with disabilities does not comply with law
Summary
In a High Court judgment, Ms Justice Siobhan Phelan held that the Health Service Executive's (HSE) Standard Operating Procedure (SOP) for assessing children with suspected educational and health problems fails to comply with the 2005 Disability Act. The judge considered two judicial review cases brought by minors whose assessments, carried out under the SOP in 2021, were challenged as not meeting statutory time limits and lacking proper diagnosis. The SOP, introduced in January 2020, provides a preliminary, triage‑type assessment of 60 to 90 minutes, omitting a full diagnosis. Justice Phelan found that this approach does not satisfy the Act's requirement for a comprehensive assessment, thereby breaching the children's rights to a timely, detailed evaluation and to a report of services. She also noted that the HSE's use of the SOP effectively altered the statutory requirements, undermining the state's duty to identify and meet children's needs. The applicants were entitled to costs.
Who, what, where, when and why
What: Report matter: Judge finds assessment process for children with disabilities does not comply with law. Procedural stage: hearing_or_decision
When:
- January 2020 Other
- 2022-03-11 Publication
Why: In her decision, the judge said that in order to comply with the time requirements of the 2005 Disability Act, the HSE developed SOPs which were implemented from January 2020. CNI source report
Places mentioned
- High Court
Topics
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