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The High Court has ordered the Health Service Executive (HSE) to conduct a new Assessment of Need for a seven-year-old child with additional needs, finding the previous assessment to be non-compliant with the applicable statute and associated regulations. The original decision was overturned due to the assessment officer's misinterpretation of their role and failure to independently assess the child's educational needs as mandated by law. The court emphasised that the assessment officer cannot simply record or transcribe reports from other sources but must actively make findings and determinations as per statutory requirements.
Assessment of Need, Disability Act 2005, Health Service Executive (HSE), certiorari, mandamus, education needs, health services, assessment officer, statutory obligations, Disability (Assessment of Needs, Service Statements and Redress) Regulations 2007, National Council for Special Education (NCSE), Circular 25/2024, judicial review, statutory interpretation, resource blind approach, special educational needs, independent assessment, High Court, quashing decision, compliance with legislation.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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