Mother takes High Court action over alleged delay in reviewing daughter’s needs

A single mother says she needs urgent help to address the behaviours of her daughter who is a flight risk and can be aggressive towards her siblings due to her disability.

The woman has brought a High Court action over an alleged delay by the Health Service Executive (HSE) to review her 12-year-old child’s health and education support needs.

The girl’s most recent assessment of her needs was conducted more than six years ago but only provided to her last year, despite the mother allegedly contacting the team at least 12 times in the intervening years.

The 2017 report recommended her daughter should be formally assessed for autism, but it is now clear she was not placed on a waiting list for such an assessment, the mother alleges.

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She wants the court to compel the HSE to review her daughter’s needs in line with the requirements of the 2005 Disability Act. The court should also declare that section 8 of the Act obliges the HSE to conduct a review an assessment “as soon as practicable, or in the alternative, within a reasonable period of time”, the woman says.

She alleges it is clear the Oireachtas intended that an assessment officer would review a child’s assessment report where the child is waiting several years for services that would meet their needs.

In a sworn statement to the court, the mother said she felt “fobbed off” when trying to seek information from the HSE and feels “very upset” that “vital time” has been lost in which her daughter should have received an appropriate diagnosis and supports, such as speech and language therapy, occupational therapy and psychology support.

The family’s routine is “completely dictated” by her daughter’s “significant” health and education needs. She is a flight risk and will often run away, completely oblivious to the dangers of oncoming traffic, so she requires constant supervision, the woman added.

The girl can be aggressive at home due to her disability and her behaviour is “extremely challenging”, causing “immeasurable” stress to the family. The mother said her other children are negatively affected, while she is exhausted and “worried sick” about the girl’s needs and lack of supports.

At the High Court on Monday, the woman’s barrister, Brendan Hennessy, instructed by KM Solicitors, said his client will swear another affidavit setting out how the girl has become increasingly violent towards her siblings.

Ms Justice Niamh Hyland said the facts of the case are “stark”. She gave the woman permission to pursue her claim through the court and adjourned it for two weeks.

She made an order anonymising the woman and her daughter.