Josepha Madigan (Dublin Rathdown, Fine Gael)
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I propose to take Questions Nos. 224 and 225 together.

I wish to advise the Deputy that the Assessment of Need (AON) process is provided for under the Disability Act 2005 and is under the remit of the Health Service Executive (HSE). Following on from a court ruling in October 2021 there is now a legal obligation on the education system to assist the HSE as part of the HSE’s Assessment of Need Process. Assessment Officers working under the remit of the HSE are charged with organising the Assessment of Need. The Assessment Officer coordinates and completes the Assessment Report and makes the determination as to whether or not a child or young person meets the definition of disability contained in the Act. If the HSE Assessment Officer forms the opinion that there may be a need for an education service to be provided to an applicant, they will request the National Council for Special Education (NCSE) to nominate a person with the appropriate expertise to assist in carrying out the assessment of education needs.

The NCSE is obliged to nominate a person with appropriate expertise to assist in the education assessment process. Where the child is enrolled in a school, the Education of Persons with Special Education Needs Act (EPSEN) 2004 names the principal as the person the NCSE should contact.

The Department and the NCSE have worked intensively to ensure that the process put in place to support the educational component of the AON fulfils legal obligations and is one that is rooted in existing assessment practices in schools. This involved extensive formal and informal consultation with education stakeholders and trialling the approach in schools

As the Deputy will be aware the outcome of the judicial review cases relating to the process that is in place to provide a report on the assessment of education needs as part of the wider HSE’s Assessment of Need process was received on the 12th January 2024. I also wish to advise the Deputy that my Department does not comment on individual Court cases.

Notwithstanding this I wish to inform the Deputy that this decision relates to the assessment of needs system established by the HSE arising from the Disability Act 2005 and specifically the requirement for an educational component in the assessment process. A separate component was established in order to comply with the assessment process from an educational perspective, and it is this element that was being challenged in the Courts.

My Department is carefully considering the detailed judgement, including legal advice on the implications of the judgment. My Department will continue to engage with the NCSE, the HSE and the full range of education stakeholders to ensure that we have a robust and legally sound process and will also need to give detailed consideration to the implications of the ruling for our schools, our services and for our students. In conclusion I wish to reassure the Deputy that this Government will continue to support children with special educational needs and work with all stakeholders to ensure an appropriate education is provided for these children.