General NewsLitigation

Court of Appeal Rules on HSE’s Breach of Disabled Child’s Rights

By November 17, 2023 No Comments
disabled child’s rights

In a significant judgment arising from a consultative case stated by the Circuit Court, the Court of Appeal has rendered a decision affirming that the Health Service Executive (HSE) failed to uphold the rights of a disabled child under the Disability Act 2005.

Background of the Case

The case involved a seven-year-old child who was referred to the HSE for an assessment of needs as stipulated under the Disability Act 2005. This Act requires that the needs of children with potential disabilities are evaluated to determine necessary interventions. Following the assessment by the HSE, the child’s parents raised concerns that it was not comprehensive. The HSE had identified the child’s mobility, communication, and emotional regulation challenges but declined to conduct further assessments, citing their adherence to newly implemented standard operating procedures. They argued that the law did not obligate them to fully diagnose the nature and extent of the child’s disability.

The Core Issue and Legal Proceedings

Central to the parents’ concerns was the suspicion that their child might have an undiagnosed autism spectrum disorder. They feared that without a thorough assessment, the child would not receive appropriate services. Consequently, legal proceedings were initiated against the HSE in the Circuit Court. Judge O’Connor subsequently referred a consultative case to the Court of Appeal for legal interpretation.

Judgment of the Court of Appeal

The Court’s primary judgment, delivered by Ms Justice Whelan, emphasized the necessity of adhering to the clear provisions of the Disability Act 2005. She asserted that a diagnostic assessment is not complete unless it fully appraises the child’s disability unless explicitly deemed unnecessary by the assessing officer.

The Court concluded that a comprehensive diagnostic assessment is mandated in all but exceptional circumstances. By failing to complete the assessment, the HSE was found to have violated both legal requirements and the rights of the disabled child.

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