HSE process for children’s disability assessments ruled unlawful

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court ruled on 11 March 2022 that the HSE’s Assessment of Need process for children fell short of the Disability Act’s requirements.

The case concerned two children assessed for autism. Justice Siobhán Phelan quashed both assessments, finding they failed to comply with the Act.

The HSE had introduced a Standard Operating Procedure in January 2020 to reduce waiting lists, limiting preliminary assessments to 90 minutes of clinical time. The ruling means that procedure did not meet the statutory requirements for assessing children’s needs.