Brian Lenihan Jnr (Dublin West, Fianna Fail)

If the health board or council refuses to accede to a request, the parents of the child have a right to appeal against the refusal to the health board. The council or health board should have the power to refuse a request for an assessment where they genuinely believe there are insufficient grounds to support the view that a child has special educational needs. If they had to carry out an assessment in the belief that none was required, it would undermine the statutory scheme we are trying to frame and would also amount to a misuse of resources. A parent can appeal a decision to refuse to accede to a request and a decision on this appeal must be taken within six weeks. Therefore, the position of the parent and child is adequately protected.