Parents could sue over late children’s needs assessments
The State could face an avalanche of legal actions from children with special needs if the system to assess their needs is not rectified, according to a leading children’s rights solicitor.
An assessment of needs within a strict timeframe is a legal entitlement for any child suspected of having special needs. The timeframe was introduced to reflect the importance of early intervention in addressing needs such as Autism Spectrum Disorder.
However, the HSE has consistently failed to conduct the assessment for thousands of children on time since the introduction of the legal requirement in 2007.
This has resulted in a delayed introduction to services for children and even the failure to get a place for a child in a special school or a special needs class.
If this problem is not rectified, says children’s rights solicitor Gareth Noble, it is inevitable that parents will seek to assert their rights through legal actions against the State.
“You will have a host of civil actions from children seeking damages because of the late delivery of the assessment of needs,” said Mr Noble.
“Early services are vital for children with conditions like autism but if you have a system that kicks the can down the road this will inevitably lead to legal actions at some stage.”
The Irish Examiner is aware of at least two cases in which the State is being sued for damages over the delays in assessment. According to HSE figures, the number of assessments not completed within the 90-day timeframe in 2008 was 1,143. By 2017, this had risen to 2,154. By October last year, 3,662 assessments were overdue.
Currently, the HSE is proposing a different system of assessing children in order to tackle the backlog, but professional bodies have expressed grave concerns that this move is not in the best interests of children.
Mr Noble believes that the new proposal is designed to allow the HSE avoid its legal responsibilities and close off any exposure to civil action.
“The Government has not sought to amend the Disability Act (which includes the timeframe for assessments) so it is really incumbent on the HSE to ensure that the necessary resources are in place rather than attempting to circumnavigate the law,” he said.
The Oireachtas Health Committee last week published a report into hearings held last year on the new proposed assessment process and outlined a number of concerns with it.
“The committee has concerns that the proposed assessment does not prioritise the child’s best interests and may further delay access to services,” the report stated.
“The committee recommends further consultation between the HSE, parent advocate groups, and the therapists.”
