Child disability solicitors in Ireland represent families whose children are entitled to disability assessments and services under Irish law but face delays, inadequate processes, or outright refusals from the HSE.
Under the Disability Act 2005, every child with a suspected disability is legally entitled to a timely, multidisciplinary Assessment of Needs, completed within six months of application.
In CTM v HSE [2022] IEHC 131, the High Court ruled that the HSE’s standard operating procedure frustrated the Act’s statutory intent.
In June 2025, a five-judge Supreme Court upheld that finding, confirming that the HSE must specify not only what services will be provided to children with disabilities, but when they will be provided.
Coleman Legal LLP’s child disability solicitors team advises families across Ireland on enforcement, appeals, and judicial review proceedings.
The legal framework for child disability rights in Ireland
Several statutory provisions establish the legal rights of children with disabilities in Ireland and the obligations of the HSE and other public bodies to provide timely assessments and services.
- Disability Act 2005 (Part 2): Every child with a suspected disability has a statutory right to a full, multidisciplinary Assessment of Needs, to be completed within six months of application. The assessment must identify the child’s needs and the services required to meet them.
- CTM v HSE [2022] IEHC 131: The High Court found that the HSE’s Standard Operating Procedure (SOP), which replaced comprehensive assessments with a brief Preliminary Team Assessment, was unlawful. The court held it was not permissible for the HSE to convert an Assessment of Needs into a preliminary assessment without amending the Act.
- Supreme Court, June 2025: A five-judge Supreme Court dismissed the HSE’s appeal. The court confirmed that the statutory process requires the HSE to specify what services will be provided to the child and when they will be provided, not merely to identify needs in the abstract.
- Education for Persons with Special Educational Needs Act 2004 (EPSEN Act): establishes the right of children with special educational needs to be educated in an inclusive environment. Key sections providing enforceable individual assessment rights and individual education plans have not yet been commenced by the Government.
- Health Act 2004: Establishes the HSE’s obligations in relation to the provision of health and personal social services, including disability services, to the population of Ireland
The cumulative effect of this legal framework is that children with disabilities in Ireland hold enforceable statutory rights to assessment and services.
Where those rights are breached, families are entitled to pursue legal remedies, including judicial review in the High Court.
Assessment of Needs (AON)
Every child with a suspected disability is legally entitled to a timely, multidisciplinary Assessment of Needs under the Disability Act 2005, to be completed within six months of application.
In practice, this statutory obligation has been consistently and systematically breached by the HSE
- As of early 2025, over 15,000 children were waiting for more than 6 months for an Assessment of Needs, with many waiting more than a year for initial contact from the HSE.
- The HSE’s own internal estimates projected that this waiting list could reach 25,000 children by the end of 2025
- Approximately 90% of applicants are not seen within the legally required six-month timeframe.
- The High Court in CTM v HSE [2022] IEHC 131 confirmed that the HSE has no discretion to reduce the scope of the assessment it provides, and the statutory standard is non-negotiable
Coleman Legal LLP represents families in challenging AON delays through formal complaints to the HSE, appeals under the Disability Act 2005, and judicial review proceedings in the High Court.
Our child disability solicitors can advise your family on the most effective legal route in your circumstances.
Preliminary Team Assessment (PTA)
The HSE introduced the Preliminary Team Assessment (PTA) model as a response to rising demand for Assessments of Needs.
Under the PTA model, a child’s assessment typically consisted of a brief 30-minute conversation with the parent and a one-hour observation of the child at play, far short of the comprehensive, multidisciplinary process required by the Disability Act 2005.
The High Court in CTM v HSE [2022] IEHC 131 was unambiguous: the HSE’s SOP, which converted a full Assessment of Needs into a preliminary assessment, was unlawful.
The court found that the Act requires a first-class, comprehensive assessment and that the HSE cannot hollow out this entitlement by administrative procedure without amending the legislation.
If your child received a PTA rather than a full Assessment of Needs, and you have concerns that the assessment did not meet the legal standard, Coleman Legal LLP can advise on the legal remedies available to your family, including:
- Formal complaint to the HSE under its complaints procedure
- Appeal under Part 2 of the Disability Act 2005
- High Court judicial review to compel a lawful assessment
- Seeking an order specifying what services the HSE must provide and within what timeframe, as confirmed by the Supreme Court in June 2025
Judicial Review
Where the HSE fails to provide a lawful Assessment of Needs within the statutory timeframe, or where a completed assessment is inadequate, judicial review in the High Court is the primary legal remedy available to families.
Judicial review proceedings challenge the lawfulness of the HSE’s decision or failure to act.
A successful judicial review can result in orders requiring the HSE to conduct a proper assessment within a specified timeframe, to identify the services required to meet the child’s needs, and to specify when those services will be provided, all consistent with the Supreme Court’s June 2025 ruling.
Coleman Legal LLP has experience bringing and managing judicial review proceedings on behalf of families affected by AON delays and PTA failures.
Our child disability solicitors team will assess your case, advise on the strength of the grounds, and guide your family through the High Court process.
How Coleman Legal LLP’s child disability solicitors can help
Our litigation team has considerable experience advising families who face obstacles in accessing their children’s statutory disability entitlements in Ireland.
We provide advice and representation across the following areas.
- Assessment of Needs enforcement: challenging HSE delays and inadequate assessments through formal complaints, appeals, and High Court judicial review
- PTA challenges: advising families where a Preliminary Team Assessment fell short of the statutory standard and pursuing legal remedies to secure a full, lawful assessment
- Judicial review proceedings: bringing proceedings in the High Court to enforce your child’s legal rights under the Disability Act 2005
- Children’s medical negligence: advising on clinical negligence claims involving children, including failures in paediatric hospital care and mental health services
- CAMHS failures: advising families affected by failures in Child and Adolescent Mental Health Services, including the South Kerry and North Kerry CAMHS issues
- Coordination with disability services: advising on the interface between AON entitlements, EPSEN Act rights, and the services available to your child through the HSE and the National Council for Special Education
We understand that families navigating the disability services system are often exhausted by delays and frustrated by bureaucratic processes.
Our team will explain your legal options clearly and take a strategic, evidence-based approach to securing the best outcome for your child.
Time Limits
There is no fixed statutory limitation period for bringing judicial review proceedings in relation to ongoing AON delays; where the HSE’s failure to assess continues, the obligation to act also continues.
However, Irish courts apply a promptness requirement in judicial review: proceedings should generally be brought as soon as it becomes clear that the HSE has failed to comply with its obligations.
In cases involving children’s medical negligence connected to disability services, the Statute of Limitations (Amendment) Act 1991 provides that where the injured person was a child at the time of the negligence, the two-year limitation period does not begin until their eighteenth birthday.
A parent may bring proceedings as the child’s ‘next friend’ at any time.
Coleman Legal LLP can advise on the applicable time limits in your specific circumstances and ensure your child’s legal position is protected without delay.
Frequently Asked Questions
Is my child legally entitled to an Assessment of Needs in Ireland?
In Ireland, every child with a suspected disability is legally entitled to a full, multidisciplinary Assessment of Needs under the Disability Act 2005, to be completed within six months of the application date.
The High Court in CTM v HSE [2022] IEHC 131 confirmed that this entitlement is not discretionary; the HSE cannot reduce or replace it by administrative procedure.
In June 2025, the Supreme Court further confirmed that the HSE must specify which services will be provided to the child and when.
What can I do if the HSE has delayed my child’s Assessment of Needs?
In Ireland, if the HSE has failed to complete your child’s Assessment of Needs within six months, you may pursue a formal complaint under the HSE’s complaints procedure, an appeal under Part 2 of the Disability Act 2005, or High Court judicial review proceedings.
Coleman Legal LLP can advise on the most appropriate and effective legal route for your family’s circumstances.
Taking legal advice promptly is advisable, as Irish courts expect judicial review applications to be brought without unnecessary delay.
Was the HSE’s Preliminary Team Assessment lawful?
In Ireland, the High Court in CTM v HSE [2022] IEHC 131 found that the HSE’s Standard Operating Procedure introducing the Preliminary Team Assessment model was unlawful.
The court held that the HSE had no power to convert the comprehensive Assessment of Needs required by the Disability Act 2005 into a brief preliminary assessment without amending the legislation.
If your child received a PTA rather than a full statutory assessment, you may have grounds to challenge the process.
What is judicial review, and how does it apply to disability cases in Ireland?
In Ireland, judicial review is a High Court process that challenges the lawfulness of a public body’s decision or failure to act. In disability cases, judicial review can be used to compel the HSE to conduct a lawful Assessment of Needs within a specified timeframe and to specify the services that will be provided to the child. This remedy was endorsed by the Supreme Court in its June 2025 ruling on HSE obligations under the Disability Act 2005.
Can Coleman Legal LLP help with both disability services and medical negligence?
Yes. In Ireland, Coleman Legal LLP advises families across the full spectrum of children’s disability and healthcare law, including Assessment of Needs enforcement under the Disability Act 2005, challenges to the Preliminary Team Assessment model, children’s medical negligence claims, and failures in Child and Adolescent Mental Health Services. Our child disability solicitors team, led by Steven Whelan, takes an integrated approach where a child’s circumstances involve both disability services failures and clinical negligence.
What compensation is available for disability services failures in Ireland?
In Ireland, the primary remedy for failures in disability services is enforcement, compelling the HSE to comply with its statutory obligations through judicial review rather than financial compensation for the delay itself. Where a child has suffered harm as a result of clinical negligence connected to disability services, damages may be available in a separate medical negligence claim. Coleman Legal LLP can advise your family on the appropriate legal route and remedies in your specific circumstances.
Is there a time limit for bringing an Assessment of Needs judicial review in Ireland?
In Ireland, there is no fixed statutory limitation period for an AON judicial review where the HSE’s failure to assess is ongoing. However, Irish courts apply a promptness requirement in judicial review proceedings and may refuse leave if an application is brought without good reason after an unreasonable delay. Families should seek legal advice as soon as it is clear that the HSE has failed to comply with its obligations under the Disability Act 2005.
