Professor Malcolm MacLachlan:

I thank the Deputy for the question. Following Justice Phelan's finding that the previous standard operating procedure was non-compliant with the Act, the national clinical programme for people with disabilities had a large-scale consultation involving over 80 people, including service users. We developed new interim clinical guidance to support clinicians in how to go about doing an AON. We were able to do all of that and have it signed off within the clinical system within six weeks. We are now waiting for legal advice to confirm its appropriateness and as Mr. O'Regan was saying, we are addressing it through the WRC.

On another element of what the Deputy is mentioning, a particular challenge in the Irish system is whether one needs an AON or not. As Mr. O'Regan said, there is a right to access services but it is not a requirement. What has happened in our school system - and I am sure the Deputy will be aware that the Education for Persons with Special Needs Act 2004 is under revision - is that a practice developed where schools would ask for a diagnosis because they would feel that would enhance their chances of getting an SNA or additional technology, whereas neither in the Education for Persons with Special Needs Act or the Disability Act is a diagnosis required to access these supports.

That is a custom that has developed but the latest research strongly suggests we should be addressing our people's needs rather than focusing more narrowly on their diagnoses. Disability services are needs-led and it is a bit confusing because assessment of needs is a legal entitlement but, when assessing a child or adult, you would be trying to find out their needs, rather than simply their diagnosis. While recognising the importance of diagnosis for people's identity and sense of empowerment etc., from a clinical point of view it is not the most critical thing in ensuring that person gets the services they need to support them.