A JUDGE has ruled that the HSE’s new process for assessing the needs of children with suspected disabilities is against the law.
Under the Disabilities Act 2005, the State must complete an “assessment of needs” for a child within a six-month period which would diagnose their disability and outline the services they need.
The State has repeatedly failed to meet this six month timeline, with figures released in November showing that more than 3,600 assessments are overdue.
The assessment is carried out by a multidisciplinary team and usually takes an average of 29 hours of clinic time.
However, the HSE has recently moved to a new Standard Operating Procedure that sees children go through a rapid screening that can take less than 90 minutes before they are moved onto a different waiting list for a full assessment.
Two families challenged the new Standard Operating Procedure in the High Court and claimed that their children did not receive the assessment and services they are entitled to under the Disabilities Act.
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High Court Judge Siobhan Phelan today ruled in favour of the families in the significant case that could have repercussions throughout the HSE’s disability services.
Judge Phelan ruled that the HSE’s new Standard Operating Procedure is not in compliance with the Disabilities Act 2005 and that the assessments carried out under this service are to be struck down.
Judge Phelan ruled that the 90 minute preliminary team assessments carried out under the new Standard Operating Procedure did not comply with a child’s right for a full assessment of needs.
The Judge claimed the HSE “erred in law” by introducing the Standard Operating Procedure to meet their requirements under the Disabilities Act.
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The judge also ruled the families of children known only as CTM and JA should have their legal costs covered by the HSE, the scale of which have not yet been determined.
Asked by the Irish Sun if today’s ruling will see the end of the Standard Operating Procedure and changes to how the HSE assesses children with suspected disabilities, a spokesperson said: “The HSE received the judgement of Ms Justice Siobhan Phelan in the case of CTM and JA v HSE earlier today.
“We are examining the judgement and the implications of same are being carefully considered.”
Sinn Fein health spokesman David Cullinane told the Irish Sun that it should not have taken families to bring the State to court for children to get a proper assessment of their needs.
He said: “In my view they should abandon the Standard Operating Procedure and put in place a procedure that’s in line with the 2005 Act.
“The law is the law. The Oireachtas has decided that children have a right to a proper assessment of need which is clearly set out in the Act.
“It should not have taken parents taking the State to court to vindicate the rights of their children with special needs and with disabilities.
“What the HSE now need to do is to go back to the drawing board, abandon the SOP model and put in place an assessment process which is comprehensive, fair and within the law.”