Mary Butler (Waterford, Fianna Fail) | Oireachtas source

I thank the Deputy for raising this question. I offer my apologies on behalf of the Minister of State, Deputy Rabbitte, who is not able to be here. We hear stories such as Frankie's all the time, and the Minister is acutely aware of the current situation.

The new standard operating procedure for assessments of need was implemented for all new applications for assessments of need from 15 January 2020. Since then, approximately 10,000 preliminary team assessments have been completed. In quarter 1 of this year, the data indicate there were 1,719 assessment of need reports completed. The recent judgment of Mr. Justice Phelan in the High Court directed that the preliminary team assessment approach does not fulfil the requirements of the Disability Act. The judgment states a diagnosis is required to determine the nature and extent of a person's disability. The implications of any ruling from the Court of Appeal in respect of other relevant cases will be considered as soon as that becomes available. The HSE will now implement a process for a revised approach to assessments of need. In developing this, the HSE has engaged with a wide range of stakeholders, including families, providers, staff and representative bodies, in an intensive consultation to develop a pathway for assessment of need that seeks to comply with the requirements of the Act but also protects the commitment to the provision of intervention and principles as set out above.

It is important to note that what is different now that was not there before is that children do not require an assessment of need and may be referred directly to their local children's disability network team. The Minister of State, Deputy Rabbitte, would be able to speak about this subject much better. She has worked so hard on this, receiving funding through the Minister to make sure the assessments of need are carried out. Many children are then referred on to waiting lists, and there are huge issues in receiving these therapies.

I ask Deputy Boyd Barrett to refer the case that has been brought to his attention to the Minister of State, Deputy Rabbitte.

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