HSE to complete assessments of need in respect of two minors with autism within six weeks

Judicial review – substantive decision - application to direct the health service to complete an assessment of need - two special needs children – claims that daughter and son have autism - admitted failure to complete assessments of need in respect of the minor applicants within the statutory timeframe enacted by the Disability Act 2005 - assessment to determine the health and education needs (if any) of a person with a disability and the health services or education services (if any) required to meet those needs -importance of early intervention - timeframe for carrying out assessments - statutory complaints procedure - complaint concerning the delay in assessing daughter’s application - backlogs in the assessment of needs process for children in the Cork – commitment to make assessment not met – brought judicial review proceedings - acute need for early assessment where there is a query of possible Autistic Spectrum Disorder – breach of statute – delay 8/9 months – argued that the statutory complaints process is not an adequate or appropriate remedy – whether the provisions of the 2005 Act impose a legal obligation upon the respondent to carry out an assessment of need such as would entitle the applicants to an order of mandamus – requirements for mandamus - duties imposed upon the respondent, once an application is made for an assessment of need in respect of an individual child, as being also entirely and unambiguously mandatory - whether judicial review lies where an alternative remedy exists - whether it is permissible for the applicants to bypass the statutory complaints regime – nine-month delay exceeds the maximum six months timeframe in which the whole assessment of need process must be commenced and completed - no challenge has been brought against the 2005 Act or the 2007 Regulations – declaratory relief refused - Court directs that the health services complete the assessments of need in respect of the minor applicants within a period of six weeks.