Martin Browne (Tipperary, Sinn Fein)
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No. P00036/2023, entitled "Failure of the 2005 Disability Act in providing a provision of services to children in need of disability services particularly in Cavan/Monaghan", is from Mr. Ronan Whitmarch. The petition relates to the lack of staffing of the children's disability network team, CDNT, and primary care; the impact on children, parents and families due to long waiting lists; and the failure of the system to provide for, recognise or protect children with disabilities due to no wording on the provision of same in the Act and no international protection given that the optional protocol of the UN Convention on the Rights of Persons with Disabilities, CRPD, has not been ratified. The education of children with additional needs is failing in Cavan-Monaghan due to several issues, and the lack of respite services needs to be highlighted.

The case manager wrote to the Department of Children, Equality, Disability, Integration and Youth, which laid out its response in four key areas. First, on the provision of children's disability services, the Department indicated it is aware of calls from a variety of family representative groups and other stakeholders to review the Act. It stated it is focusing on practical steps to increase the number of personnel on the ground available to deliver vital therapies to children with disabilities and to secure additional resources for early intervention instead of changing the legislation.

Second, on respite, the Department indicated that community healthcare Cavan, Donegal, Leitrim, Monaghan and Sligo, CHCDLMS, disability services have made a submission to national HSE estates for capital funding to build a residential respite service for children in County Monaghan. A decision was expected to be indicated in September of this year. Alternative respite for children on CDNT caseloads is currently in place throughout Cavan and Monaghan in the form of day respite and support contracted by the HSE from Kilbixy, Galro and Little Wonder services. The CHCDLMS disability services support children on CDNT caseloads to avail of this respite in order to meet the demands of the service, having regard to the funding available and the competing demands for same.

Third, on primary care and the Department of Health, the correspondence from the Department indicated that Cavan-Monaghan primary care, CMPC, services are aware of the legislative timeframe of the assessment of need process and the Disability Act framework on which it is based. It states that all children should receive an assessment of need under the Act, with a legislative framework of six months from when requested, and maintains that the services adhere to the assessment of need frameworks to the best of their ability. Two issues, however, are impacting on this objective. The Cavan-Monaghan area is not consistently meeting this legislative framework due to insufficient capacity within the services. To try to manage the volume of CMPC assessment of needs referrals and meet the legislative requirements to meet the assessment of needs timelines, the CMPC services prioritise assessment of needs referrals above all other referrals, albeit with an impact on all other children referred. All assessment of need referrals are prioritised by the Cavan-Monaghan primary care team at weekly intake meetings. There are significant challenges relating to the recruitment of staff for children's primary care services.

Fourth, on the ratification of the optional protocol of the UNCRPD, the Department explains that the protocol is an international treaty that establishes two procedures aimed at strengthening the implementation and monitoring of the convention. The Department of Children, Equality, Disability, Integration and Youth is working to scope out the requirements for earlier ratification. This scoping work is required due to the long-standing position of the State on honouring international agreements. As a matter of foreign policy, Ireland does not enter into binding international treaties until it is confident the obligations set out can be complied with.

The committee recommends that the correspondence from that Department be forwarded to the petitioner for comment within 14 days and that the committee write to the Ombudsman for Children enclosing details of the petition and the response from the Department. Do members have any views?