Oireachtas Joint and Select Committees

Thursday, 25 November 2021

Joint Oireachtas Committee on Disability Matters

Aligning Disability Services with the UN Convention on the Rights of Persons with Disabilities: Discussion (Resumed)

Professor Malcolm MacLachlan:

I will comment on the Disability Act again. It is important to note that neither the Act or the Education for Persons with Special Educational Needs Act use the word "diagnosis" anywhere. A convention has been developed where schools have requested a diagnosis. Part of the reason for that is so that they can make a stronger case for getting an SNA. It is not always the case. SNAs can be appointed without a diagnosis. There are many challenges with these relevant Acts but this is, in my view, a misapplication of the Act because the word "diagnosis" does not occur in it. As the Minister of State said, it would be great if we could get alignment between the practice in the Department of Education and the change programme that we are all embarked upon.

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