Courts / Ireland / Report

Seven year old with down syndrome challenges HSE over needs assessment

Summary

A seven‑year‑old girl with Down Syndrome has been granted permission by the High Court to challenge the Health Service Executive's decision not to carry out an assessment of her needs. Derek Shortall SC, acting for the mother, applied for a judicial review and obtained a ruling from Ms Justice Marguerite Bolger that the case could proceed. Shortall argued that the HSE's position that it would not conduct an assessment was a refusal to meet statutory obligations. He noted that the child, who has health, developmental, psychological and intellectual issues, has received some services since 2018 but has not had a complete assessment that would trigger a service statement. The court allowed the review and adjourned the matter to May, recognising the seriousness of the alleged breach of procedure. The case remains pending.

Who, what, where, when and why

What: Report matter: Seven year old with down syndrome challenges HSE over needs assessment. Procedural stage: hearing_or_decision

When:

• October 2024 Other
• 2025-04-07 Publication

Why: Mr Shortall said: "The respondent [the HSE] has determined that because the applicant is already in receipt of services she is not entitled to an assessment of need and a service statement. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report