HSE to Establish Private Assessment of Need Panel: Legal Implications

Introduction

The Health Service Executive ("HSE") has announced plans to establish a panel of private providers to conduct Assessments of Need (“AON”) for children suspected of having a disability.

While this measure is framed as a practical response to lengthy waiting lists, it also carries important legal implications under Irish disability law, children’s rights frameworks and the statutory obligations on the Irish State.

Statutory Context: The Disability Act 2005

At the heart of the issue is the Disability Act 2005. The Act grants children the right to an AON. The Act places a statutory duty on the HSE to assess a child’s disability, its nature and extent, and to outline supports required.

Critically, the Act specifies strict timelines: Assessments should commence within three months of application and conclude within six.

In practice, these timelines are rarely met. As of September 2025, more than 15,000 children were awaiting assessments, with projections from the HSE that there could be as many as 24,796 left waiting by the end of 2025.  

The Private Panel Proposal

The HSE’s solution is to contract private service providers who meet defined professional standards to carry out assessments on behalf of the State. The proposed panel would:

• Operate initially for 12 months, with the option to extend for another year

• Require providers to demonstrate capacity and qualifications to deliver assessments consistent with statutory standards

• Function as a supplementary mechanism to reduce waiting lists, not as a replacement for the HSE’s own assessment teams

It is important to note that while the proposal essentially outsources assessments, the State’s statutory obligations under the Disability Act remain. The HSE will remain accountable for ensuring that all assessments comply with legislative requirements.

Compliance with the Disability Act

For the private panel to withstand legal scrutiny, several conditions must be met:

• Equivalence of Standards: Assessments conducted by private providers must meet the same procedural and substantive standards as those carried out by the HSE. Any disparity could expose the State to legal challenge on grounds of unequal treatment.

• Timeframe Obligations: Establishing a private panel does not absolve the HSE of its duty to adhere to statutory timelines. If delays persist despite outsourcing, the HSE remains liable for non-compliance.

• Oversight and Accountability: The HSE must implement rigorous oversight mechanisms.

Parents of children with disabilities have successfully obtained orders in both the High Court and the Circuit Court compelling the HSE to comply with the Act’s timeframes. The establishment of a private panel may reduce exposure to such claims if it demonstrably shortens delays, which would certainly be a positive outcome.

That said, any optimism should be coupled with a degree of caution following the delay and disruption caused by the failed Standard Operating Procedure (“SOP”).

See our AON page for details on the SOP and how the process works.

Clinicians have also expressed concern that the current tendering process appears to favour large-scale private service providers with greater administrative capacity, which may inadvertently disadvantage smaller service providers that have historically delivered these assessments.

Conclusion

It is yet to be seen how this new proposal will work in practice.

The decision of the HSE and the State to focus State resources to establish a private panel for AON’s is undoubtedly a step in the right direction.

Whether it succeeds will depend not only on operational efficiency but also on adherence to statutory standards, oversight of private providers and respect for children’s rights.

Related Articles

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

• 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 further advice on any Assessment of Needs matter, please contact Partner Avril Scally or Solicitor Rory Knight.