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Assessment of Need for Children

Adressing Your Legal Options for your child under the Disability Act

If your child has a disability, or you believe your child may have a disability, an Assessment of Need can be an important step in identifying their needs and the supports and services that may be appropriate.

At Quinn Solicitors, we advise parents and families about Assessments of Need under the Disability Act 2005, including cases in which the HSE has not complied with the applicable statutory timeframes.

If your child’s Assessment of Need has been delayed, call Quinn Solicitors on 01 626 6477 or send us an enquiry.

What is an Assessment of Need?

An Assessment of Need, often shortened to AON, is a statutory process under Part 2 of the Disability Act 2005. It is used to determine whether a person has a disability and to identify the health needs and disability supports and services arising from that disability.

The assessment may consider:

  • whether the child has a disability;
  • the nature and extent of the disability;
  • the child’s health needs and any relevant education needs arising from the disability;
  • the services considered appropriate to meet the needs identified; and
  • when the assessment should be reviewed.

The assessment itself must be carried out without regard to the cost of, or capacity to provide, a service identified as appropriate. The separate Service Statement deals with the services that the HSE proposes to provide.

Important: The HSE states that a child does not need an Assessment of Need in order to access health services. An AON is a separate legal process that provides a statutory assessment report.

Who can apply for an Assessment of Need?

An application may be made for a person born on or after 1 June 2002. A parent, legal guardian or personal advocate can apply on behalf of a child. A person aged 16 or over may apply on their own behalf.

The application must be submitted to the appropriate HSE Assessment Officer. The HSE says it will acknowledge receipt within two weeks and may request further information.

How long should an Assessment of Need take?

The Disability Act 2005 and the Disability (Assessment of Needs, Service Statements and Redress) Regulations 2007 set out timeframes for the process. In general:

  • the assessment should begin within three months of the HSE receiving a completed application; and
  • the assessment and assessment report should usually be completed within a further three months.

This is commonly described as a six-month statutory timeframe. The legislation allows for limited exceptions where particular circumstances make completion within the usual period impracticable. If a delay is expected, the Assessment Officer should inform the applicant and specify a revised completion date.

Unfortunately, many children and families experience substantial delays. If the HSE has not started or completed your child’s Assessment of Need within the applicable timeframe, it may be appropriate to make a formal complaint and obtain legal advice about the available remedies.

What can I do if my child’s Assessment of Need is delayed?

The HSE’s statutory complaints procedure can be used where an Assessment of Need has not started or been completed within the required timeframe.

Depending on the circumstances, Quinn Solicitors can:

  • review the application, acknowledgement and other HSE correspondence;
  • advise on the statutory timetable and your child’s rights;
  • assist with a complaint to the Assessment of Need Complaints Office;
  • advise on an appeal to the independent Disability Appeals Officer; and
  • where appropriate, advise on court proceedings or enforcement options.

A complaint may also arise where the assessment was not carried out in accordance with the applicable standards, the Service Statement is said to be inaccurate, or a listed service has not been provided.

If you are dissatisfied with a finding or recommendation of the Complaints Officer, an appeal may be made to the independent Disability Appeals Officer. If a recommendation has not been implemented within three months of the Complaints Officer’s report, it may be possible to apply to the Circuit Court for an enforcement order.

Each case is different. The appropriate step will depend on the stage reached, the correspondence issued by the HSE, the reason given for any delay and the outcome being sought.

What happens after an Assessment of Need?

When the assessment is complete, the Assessment Officer issues an assessment report stating whether the child has a disability and setting out the needs and services identified through the process.

Depending on the child’s circumstances, the report may identify needs relating to:

  • speech and language therapy;
  • occupational therapy;
  • physiotherapy;
  • psychology or other clinical supports;
  • medical and healthcare services;
  • assistive technology or equipment; and
  • other disability-related supports.

What is a Service Statement?

If the assessment report states that the child has a disability, it is sent to a Liaison Officer. The HSE currently states that the Liaison Officer will issue a Service Statement within one month of the Assessment of Need and that the Service Statement and assessment report will be provided at the same time.

The Service Statement sets out the services and supports that the HSE proposes to provide, together with details such as when and where the services will be delivered. Unlike the assessment itself, the preparation of a Service Statement is subject to statutory considerations that include available resources and the practicability of providing the service.

If you have not received a Service Statement, have concerns about what it contains, or a service listed in it has not been provided, you may be entitled to use the statutory complaints process.

Frequently asked questions

Does my child need a diagnosis before I apply?

No. A parent or guardian may apply where they believe that the child has a disability. The Assessment Officer decides whether the child is eligible under the Disability Act 2005.

Does my child need an Assessment of Need to access HSE services?

No. The HSE states that an Assessment of Need is not required to access health services. It is a separate statutory process.

What documents should I keep?

Keep a copy of the completed application, proof of when it was submitted, the HSE acknowledgement, any requests for further information, appointment letters, assessment reports, Service Statements and other correspondence. These documents can be important when calculating the timeframe and considering a complaint or legal remedy.

Can I complain if I disagree with the assessment?

A complaint may be made on a number of statutory grounds, including that the assessment was not carried out in accordance with the applicable standards. The correct route depends on the precise concern, so legal advice may be helpful.

Legal advice for parents and families

Delays in obtaining an Assessment of Need can be extremely difficult for children and their families. Quinn Solicitors can review your documents, explain the applicable process and advise on the options available in your child’s circumstances.

Quinn Solicitors has provided legal advice from Ballyfermot, Dublin 10 since 1998. Learn more about our firm.

Has your child’s Assessment of Need been delayed?

Call us on 01 626 6477 or use our online enquiry form below.

All enquiries will be treated with the utmost confidentiality.