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Dáil
‹ An tOrd Gnó - Order of Business

Disability Act assessment delays

Summary

Deputy Mary Lou McDonald raised parents going to court to secure assessments of need within the three-month statutory limit. The Taoiseach said parents should not have to litigate and that the Ministers responsible were working on the issue.

The programme for Government commits to reducing the waiting time for assessment of need under the Disability Act 2005. The Taoiseach is aware that parents of children with additional needs are currently before the courts in a bid to obtain this assessment of need for their children within the legally set timeframe, which, as he is also aware, is three months. I will not comment on individual cases, but the Taoiseach will know that any child who is thought to have additional needs is legally entitled to this assessment within three months under the Disability Act.

This timeframe is crucial because it recognises the importance of early intervention and support. It is scandalous that nine out of ten children who apply for an assessment do not have that assessment completed within the statutory timeframe and some wait for up to two years. The State forces parents into lengthy, stressful and expensive battles in the courts. This is not new. The State has behaved this way before. Brigid McCole, Louise O'Keeffe and Emma Mhic Mhathúna faced this. This attitude and approach need to change. As Head of Government, will the Taoiseach act immediately to ensure that no other parent has to go to the courts to get the assessment of needs that his or her child is entitled to within three months?

Comment on this

I am of a view that parents should not have to go to court to get the most basic rights for their children. There have been issues ever since that Act was introduced in 2005. I understand that some sections of that Act remain to be commenced regarding children with special needs. The allocation of resources in education does not always depend on that assessment of need having taken place but it is nonetheless obviously desirable for parents to have an assessment of need carried out so that the best health and education provision can be made for the child. The Ministers with specific responsibility for this in the new Government will work to get the waiting times down significantly, both for assessment of need and for allocation of places in special schools and mainstream education, as well as access to healthcare facilities. That will be an objective of the Government.

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