State’s Failure to Comply with Needs Assessment Timeline

We have been consulted recently by a number of clients who have raised concerns in relation to the delay in accessing Needs Assessments for their children.

Under the Disability Act, 2005, where a person (or a parent of a person) applies to the HSE for an Assessment of Needs, in relation to a specific need or particular service, that Assessment must be commenced within 3 months of the date of the receipt of the Application.

It has been reported that there were nearly 4000 children overdue for an Assessment at the end of 2016.

The Legislation is very clear, the HSE has the statutory obligation to deliver an Assessment of Needs within the timeframe.

The delay in making an Assessment can have a long lasting and detrimental effect on some of the most vulnerable in society.   A delay in intervention at the early stages of a child’s life, in certain instances, can leads to irreversible consequences.

If you have any queries in relation to this matter, please do not hesitate to contact us.

Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or info@cantillons.com if you would like more information.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Jody Cantillon

Partner

Experience

Jody is a Partner in our Litigation Department.

Having graduated from University College Cork in 2009, Jody completed his apprenticeship with a top litigation defence firm in Cork City and qualified as a Solicitor in 2014.

Prior to joining Cantillons Solicitors in 2016, Jody worked for a leading Dublin firm, specialising in the area of commercial litigation and dispute resolution. There he gained valuable experience in defending and prosecuting high end, large scale commercial disputes before the Commercial Court.