Assessment of Need: Government Urged to Reform System

Introduction

The Irish Government is facing mounting criticism over the Assessment of Need (“AON”) process for children suspected of having a disability, with over 18,000 children now reportedly overdue an evaluation.

According to Ms. Hildegarde Naughton, Minister of State for Education and Youth, the current system is “no longer fit for purpose”, and significant reforms are under consideration.

Assessment of Need Backlog

The backlog in AON’s for children with a potential disability has developed into a very serious legal issue, one that challenges the State’s statutory obligations under the Disability Act 2005.

Under Section 9 of the Disability Act 2005, the HSE is required to commence an AON within three months of application and complete it within six months.

Yet in practice, these statutory deadlines are routinely breached: Parliamentary Questions recently revealed that many assessments are not being finalised on time, placing the rights of children at risk.

Consequences of Delay

The consequences are serious. Inadequate assessments threaten both prompt diagnosis and timely access to therapeutic services such as speech or occupational therapy. Parents have challenged this legally: where the HSE misses statutory deadlines, they may file a complaint under Section 14(1)(b) of the Act, followed by an appeal to a Disability Appeals Officer under Section 18. If the HSE fails to implement recommendations, families may bring enforcement proceedings in the Circuit Court under Section 22.

In recent months, the issue has garnered cross-party attention. Opposition parties jointly tabled a motion demanding compliance within the six-month timeframe. Meanwhile, anecdotal reports show that many parents feel their children are being left behind, as schools and service providers say they cannot meet their needs without the formal assessment.

See our Assessment of Need page for details of the AON Process and Required Timeframes.

Under Resourced

At the heart of the problem is capacity. The HSE’s system for assessments is under-resourced, with insufficient numbers of trained professionals and bureaucratic delays compounding the backlog. Critics argue that the system was designed many years ago and has failed to evolve in line with growing demand.

Reform Memo

In response, the government is drawing up a reform memo which will be considered in the coming weeks. Ms. Norma Foley, Minister for Children, Disabilty and Equality, called for “root and branch” changes”. While the details are not yet public, the goal is to modernise the assessment process, making it more efficient and responsive so that children awaiting assessments are not left in limbo.

Conclusion

Advocates, parents and disability organisations have welcomed the government’s acknowledgment of the crisis, but many warn that talk of reform must now be matched with meaningful action.

For the families of children with suspected disabilities, timely assessments are more than a bureaucratic requirement, they are the gateway to the vital supports that can make a real difference in quality of life.

Related Articles

• HSE to Establish Private Assessment of Need Panel: Legal Implications

• Assessment of Need: Calls for Urgent Legislative Reform Amid Protests

• Record Demand for Children’s Disability Assessments: HSE Under Strain

• Assessment of Need Judgment Has Important Implications for Children

Further Information

Lavelle Partners have extensive experience in representing clients in respect of issues and complaints concerning AON's, access to services and challenging state decisions in respect of care and welfare allowances.

For expert legal guidance on any Assessment of Needs matter, please contact Partner Avril Scally or Solicitor Rory Knight.