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High Court refuses judicial review of decision by Minister for Social Protection to refuse a "Domiciliary Care Allowance" to a family with an eight-year-old child with autism, on the grounds that: a) adequate reasons had been given for the refusal; b) there had been no requirement for the respondent to have the child medically examined prior to the decision; and c) a statutory appeal had been available that should have been invoked instead of judicial review.
Judicial review - refusal of "Domiciliary Care Allowance" (DCA) - opinion of medical assessor - whether respondent obliged to carry out medical examination - failure to give reasons - whether decision unreasonable - eight-year-old child with autism - refusal of DCA on grounds that child did not require substantially more care and attention than child without autism - contradictory evidence from GP - Social Welfare Consolidation Act, 2005 - statutory payment - art. 191(2) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 - open to applicant to appeal decision - whether prejudiced in appeal by lack of reasons - clarity of reasons - circumstances in which respondent would be obliged to have child medically examined - s. 186(G)(1) of the 2005 Act - art. 140 of the 2009 Regulations - alternative remedy - whether applicant should have sought appeal of original decision.
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