Written answers
Thursday, 25 January 2024
Department of Children, Equality, Disability, Integration and Youth
Healthcare Policy
Darren O'Rourke (Meath East, Sinn Fein)
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330. To ask the Minister for Children, Equality, Disability, Integration and Youth about the devolution of legislative responsibility for the assessment of children with addition needs to schools; to what extent his Department was involved in this policy measure; what work his Department did to ensure that the rights of the child are upheld; and if he will make a statement on the matter. [3475/24]
Anne Rabbitte (Galway East, Fianna Fail)
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As the Deputy is aware, the Disability Act 2005 predates the transfer of functions for specialist disability services which transferred from the Department of Health to the Department of Children, Equality, Disability, Integration and Youth in March 2023.
My Department is aware of the recent High Court judgment in relation to the HSE (as respondent) and the NCSE (as notice party). The test cases concerned the method by which education assessments are carried out and fed into assessment reports. Such reports are required by the Disability Act 2005 to set both the health needs and also the education needs of applicants).
Following the conclusion of the above process and the circulation of the judgment, my Department has engaged with both the HSE and the Department of Education in order to examine, on a co-ordianated and structured basis, the outcome of the judgment, the impact it may have and the means by which matters can be progressed to ensure that the rights of children and their families are upheld.
It is my understanding that both the HSE and the Department of Education are awaiting detailed legal advices on the matter and, following receipt of same, it is intended that all relevant parties will meet to progress matters..
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