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New protocol on special needs assessment cases 'sensible', judge says
Summary
A senior High Court judge, Mr Justice Charles Meenan, praised a new pre‑trial protocol aimed at reducing litigation against the HSE over the assessment of children with special needs. The protocol, which he described as a "sensible way to proceed", requires applicants to send a pre‑litigation letter to the HSE within seven weeks of a decision they wish to challenge, and the HSE must respond within 14 days. The letter must contain all relevant information about the child and the basis for the complaint. If the matter can be resolved, the HSE should state the proposed resolution in clear terms. Mr Justice Meenan has previously called for a system to curb the rising number of judicial review actions, noting a dramatic increase in cases, averaging seven to eight per week. He welcomed the protocol but clarified it is not a mandatory court rule.
Who, what, where, when and why
What: Report matter: New protocol on special needs assessment cases 'sensible', judge says. Procedural stage: hearing_or_decision
When:
- 2023-03-22 Publication
Places mentioned
- High Court
Topics
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