Mr. Bernard Gloster:

I have to be honest and say that is a very difficult thing to do. Clinicians make decisions based on their best judgment of what is in front of them. In different parts of the country that might have some level of subjectivity to it. When assessment of need was first introduced in the Disability Act 2005, it was intended to be associated predominantly with the healthcare needs of a particular age cohort. There was separate legislation on the Statute Book for special education that was never activated. This led to an inward demand onto the assessment of need list. When we add demographic growth to this, as well as the fact that it is the one right people have in law, it is clear that it is a very precious thing for people. I would not expect them to give that up. Unfortunately, as a result of the Superior Court's interpretation - which is not the fault of the court; it can only interpret what is presented - and the demand for different services, including things like social welfare, there is every chance that the children who actually clinically need the assessment are in danger of being lost in the list. That is what the legislative reform is for.