The Kilkenny school sexual abuse case involving Martin O’Flaherty reveals the suffering of 29 boys, with recent court proceedings uncovering new victims after 40 years.
The HSE has failed to carry out thousands of assessments of needs within the statutory timeframe, affecting children’s access to support services.
John McClean, a former teacher at Terenure College, has been convicted of further offences in the Terenure College abuse scandal involving multiple former students.
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If your child has a disability, accessing the proper support is crucial. The Assessment of Need (AON) is a formal process by the HSE to identify a child’s health and educational needs linked to a disability. This guide outlines who is eligible, how to apply, what the assessment involves, and what steps to take if there are delays or disputes. For confidential assistance, please call 1800-844-104 or email [email protected]. You can also visit us at our 84 Talbot Street, Dublin 1, Ireland office.
An Assessment of Need (AON) is a statutory assessment the HSE conducts to identify a child’s health and educational needs arising from a disability.
To be eligible for an Assessment of Need (AON), a child must have been born on or after 1 June 2002. A parent, legal guardian, or personal advocate can apply. Additionally, young people aged 16 or 17 can use AON independently.
Applications can be made by completing the Assessment of Need application form and submitting it to your local HSE Assessment Officer or by referral from a healthcare professional.
Under HIQA standards, an Assessment of Need (AON) must be comprehensive, accurate, and current. It should include:
The Process has two stages. Stage 1 is an initial review, known as the “Desktop Examination”. All existing reports are reviewed during this stage, and the Assessment Officer will contact the child’s parent or guardian if further information is needed. If the Assessment Officer decides that there is sufficient evidence, then the case will proceed to Stage 2.
Stage 2 is the Clinical Assessments. During this stage, qualified professionals assess the child to determine if the child meets the legal definition of a disability under the Disability Act 2005. Specialists involved at this stage can include;
Following Stage 2 an Assessment report is issued which states if a disability was identified and which services are required. A Service Statement is created by the HSE which details the services it can provide. The Assessment of Needs report should be reviewed annually or earlier if the child’s circumstances change.
If the assessment is not started or completed on time, you can make a complaint to the HSE under the Disability Act 2005. You can make a complaint by going directly to your assigned Assessment Officer, by filing a complaint directly through the HSE’s online portal or you can submit a written complaint directly to the HSE. The HSE should acknowledge your complaint, conduct an internal review, and then issue a response detailing any proposed action. If you are still dissatisfied with their response, you can appeal to the Disability Appeals Officer, whose role is to independently review cases where entitlements under the Disability Act are in question. Contact details for the Appeals Officer should be provided in the HSE’s response.
The application should be acknowledged within 14 days of submission. The Assessment of Need (AON) process must start within three months of the Assessment Officer receiving a completed application and be finalised within six months.
If you believe the assessment was not conducted properly, you can request a review or make a complaint.
No, the Court of Appeal has reaffirmed that diagnostic assessments should not be resource-dependent. The existing law does not permit the HSE to refuse or delay an Assessment of Need (AON) due to funding/staffing constraints.
Not necessarily. For instance, in R.C. v HSE [2022] IEHC 652, the High Court ruled that only an HSE-recognised diagnosis is sufficient for accessing public services. A private diagnosis alone may not be accepted.
Recent data indicates that over 14,200 children in Ireland are experiencing delays in receiving their statutory Assessments of Needs (AONs), essential for accessing necessary health and educational support services for children with disabilities.1
In the recently published decision of AB v HSE [2023] IECA 275, the Court of Appeal considered the Assessment of Need (AON). The Court considered whether the 2020 Standard Operating Procedure (SOP), which introduced the Preliminary Team Assessment (PTA), could be regarded as complete if it did not include a diagnostic assessment of the child’s disability.
The Court considered that the Assessment of Need (AON) is not deemed to be complete unless it includes a diagnostic assessment, except in cases where an Assessment Officer determined:
The Court scrutinised the form and limitations of the PTA and determined that diagnostic assessments should not be resource-dependent. The Court found that the 2020 SOP introduced unlawful barriers that restricted Assessment Officers in their statutory duties. It reaffirmed that Section 8 of the Disability Act 2005 does not allow diagnostic assessments to be withheld due to resource limitations.
In R.C. v HSE [2022] IEHC 652, Meenan J. noted that private diagnoses could not access HSE services and that only a HSE-recognised diagnosis would be accepted. The Court further emphasised that any SOPs should facilitate, rather than hinder, statutory obligations under the Disability Act 2005. This ruling strengthens legal protections for children seeking AON assessments and confirms that diagnostic evaluations must be provided where warranted.
The Disability Act 2005 details that the HSE should complete these assessments within six months. Thousands of children have experienced delays, often waiting for months and even years. This backlog has forced many families to seek legal recourse, resulting in a significant escalation of costs to the State in dealing with these matters, having risen from approximately €520,000 in 2021 to over €3.3 million in 2024.
At Coleman Legal, we can assist families affected by Assessment of Need (AON) delays. If you believe your child’s AON has been unjustly delayed and this has caused harm, or your child was assessed under the HSE’s Preliminary Team Assessment (PTA), our team is prepared to review your documentation and, if necessary, litigate on your behalf.
Note: This article aims to provide legal information and should not be construed as legal advice. For personalised guidance, please consult with our legal team.
