Over three times more parents appealed HSE's assessments of children's needs last year

Seán McCárthaigh

The number of challenges to assessments conducted by the HSE of children suspected of having a recognised disability more than tripled last year.

The latest annual report of the Office of the Disability Appeals Officer shows the number of appeals received in 2024 rose by 244 per cent.

It revealed that a total of 248 new appeals were submitted last year compared to 72 in 2023.

It is the third highest annual total of appeals received by the ODAO since the establishment of the office in 2007, with figures peaking in 2019 with 413 appeals.

More than three-quarters of all appeals last year came from just one of the nine HSE community health organisation (CHO) regions.

The report showed 190 appeals were received from the HSE’s CHO7 covering Kildare/West Wicklow, Dublin West, Dublin South City and Dublin South West.

The ODAO hears appeals on assessments of the health and educational needs of someone who believes they have a disability recognised under the Disability Act 2005.

Under the legislation, any parent or guardian of a child born on or after June 1, 2002 who feels their child may have a disability can apply for an assessment of their health and education needs.

The assessment must start within three months of when the HSE receives a completed application form and must be completed within a further three months.

Parents or guardians who are unhappy with the outcome of the assessment or any part of the process can make a formal complaint to a HSE’s disability complaints officer whose decision can be appealed to the Disability Appeals Officer who is independent of the HSE.

The HSE must also provide a service statement within one month in respect of an applicant whom it has determined requires the provision of health or education services under the legislation.

The ODAO can also hear appeals relating to such service statements.

The ODAO said the increase in appeals last year was likely due to the fact that a Disability Appeals Officerwas appointed on a full-time basis in April 2024 after the position was largely vacant for a 15-month period.

In her annual report, the Disability Appeals Officer, Carmel Carey, said last year was marked by “a significant increase in appeal activity.”

Ms Carey also noted that a total of 182 appeals were processed during 2024 with notably 159 appeals being upheld in relation to the

HSE’s failure to complete an Assessment of Need within the required timeframe.

Only one appeal was not upheld, while 22 appeals were withdrawn or closed with 98 carried over to this year.

Ms Carey said her office continued to operate “within a complex legal landscape.”

She noted that 26 appeal determinations had been remitted to the ODAO for reconsideration following litigation before the High Court and Supreme Court.

A total of seven High Court appeals of ODAO decisions were initiated last year, of which six were remitted to the ODAO for reconsideration.

The ODAO said significant progress had been made on the development of an online appeals platform which would simplify the appeals process of individuals by allowing submissions to be made securely online.

It also includes features that allows staff to quickly and efficiently access an appeal as well as a feature to acknowledge appeals immediately.

The ODAO said the development of the online platform, in line with its Statement of Strategy 2025-2027, reflected its ongoing commitment to ensure that the appeals process is “responsive, inclusive and efficient.”

It acknowledged that the increase in the number of appeals received since the appointment of a new Disability Appeals Officer highlighted the need for improved processes to ensure a responsive and efficient appeals service.

The ODAO said it had also undertaken a comprehensive operational overhaul to meet current and future demands which had resulted in the creation and implementation of new standard operating procedures and a comprehensive records management framework.

It also submitted a detailed business case for additional staffing.

The ODAO said it had submitted claims to the State Claims Agency amounting to approximately €2.3 million last year which related to pre-2024 legal cases.

It also revealed it had considered making an application to the Circuit Court for confirmation of enforcement of recommendations of its determinations in 16 cases during 2024.

The ODAO said 11 cases did not proceed for reasons including the completion of an assessment of need or an applicant opting to continue the process independently, while five cases remain ongoing.