Disability Appeals Office upheld all 44 cases it considered last year

The Disability Appeals Office upheld all 44 appeals it completed last year regarding the HSE’s failure to do assessment of need for people with disabilities on time.

In all, 72 new appeals were made during 2023 and more than half were linked to just one of the HSE’s nine community healthcare organisations.

In the annual report for the Office of the Disability Appeals Officer, published on Friday, Carmel Carey said 44 of the 72 appeals were fully processed.

“Notably, all 44 of these appeals were upheld,” she wrote in the report.

“17 of the appeals received in 2023 have been carried forward to 2024 (this is largely due to the fact that the position of DAO was vacant for 8 months during 2023).” 

These appeals are heard under the Disability Act 2005. This legislation allows for anyone who believes they may have a disability to apply to the HSE for an Assessment of Need.

It should be completed within six months of receipt of an application.

“41 of the 72 appeals received in 2023 related to one specific Community Health Organisation (CHO) area,” the report also said.

The remaining 11 appeals were either closed or withdrawn, she said.

The Office of the Disability Appeals Officer has itself been the subject of court litigation.

Before 2023 about 25 statutory appeals were made to the High Court about decisions by the office. One of these was taken as a test case and heard before the Supreme Court with a ruling in April. Another judgement was made in December with more expected this year.

“The April 2023 Supreme Court decision and the December 2023 High Court judgement will provide legal clarity to this Office and inform how it meets its obligation under relevant legislation,” the report said.

The Supreme Court ruled the appeals office can amend dates on a service statement. 

It also said the officer has extensive powers to examine the provision of service and where this is located.

The High Court ruling also focused on the investigative functions of the office and highlighted the requirement to investigate delays in starting services for young children.

The report also said the former appeals officer retired just before the Office was transferred from the Department of Health to the Department of Children, Equality, Disability, Integration and Youth.