Mother takes High Court challenge over potential years-long delay to autistic son’s care

On Monday, Mr Justice Conleth Bradley gave permission to pursue a judicial review challenge against HSE decisions in respect of her son’s care. Stock picture

A mother is bringing a High Court challenge to a HSE decision refusing to procure services for her autistic son via private healthcare providers.

The woman claims the HSE says it is not in a position to provide certain services to her four-year-old son until 2033. The health authority says it is “not possible” to arrange for the required services using private healthcare providers, according to the woman’s court documents.

It is the mother’s case that there is no legislative restriction on the HSE using private healthcare providers to reduce waiting times for children seeking disability services.

On Monday, Mr Justice Conleth Bradley gave permission to barrister Feichín McDonagh, appearing with Brendan Hennessy, instructed by KM Solicitors, to pursue a judicial review challenge against HSE decisions in respect of her son’s care.

The case came before the court with only one side represented.

According to the mother’s court documents, the HSE concluded her son met the criteria for autism in an assessment-of-needs report. 

The report, received by the mother last year, noted that the boy presented with difficulties with speech and language, motor skills, sensory regulation, and psychological difficulties.

However, a service statement — a document which sets out services the HSE will provide to a child with a disability — disclosed that her son would not receive services he requires until 2033, the mother says.

“I knew waiting lists were long, but I cannot believe that in a modern and wealthy country like Ireland, children with a disability have to wait ten years post-application for an assessment report for health services,” she said in a sworn statement.

Services offered by the HSE to date focused on parental advice, and the child has not received “any meaningful level of intervention”, the mother said.

The mother said she was concerned about the delay in providing services to her son, and engaged solicitors to inquire with the HSE about the possibility of private health providers providing services for her son.

The HSE replied to this saying it was not possible, she said. “I seek to quash this decision because it is incontrovertible that [the child] will suffer real harm if he does not receive intervention before 2033,” she said.

She noted that the HSE said it can only include in a service statement services provided directly by the HSE or HSE-funded providers.

Her lawyers submit that the HSE regularly uses private providers to carry out assessments of need.

The case returns later in the month.