Latest news with #DisabilityAct2005
Belfast Telegraph
11-06-2025
- Health
- Belfast Telegraph
Teenager vows to ‘resist' any weakening of six-month timeframe for assessments
Cara Darmody, 14, addressed the Oireachtas Disability Committee on Wednesday about the backlog in the assessment of need (AON) system. An AON is carried out to identify if a child, children or young person has a disability, and is designed to identify their health needs as well as service requirements. Once the HSE receives an application, there is a legal requirement for the AON to be completed within six months. On the possibility of changes to the laws being in train, Cara said she would 'vigorously resist any negative change' to the six-month timeframe, saying she believed it would cause 'further permanent damage to children'. The total number of applications overdue for completion at the end of March 2025 stood at 15,296, an 8% rise on the end of 2024. Throughout the first quarter of this year, just 7% of assessments were completed within the timeframes set out in the Disability Act 2005 and accompanying regulations. The HSE said that demand for AONs continues to outstrip system capacity, despite increases in activity and commissions from private assessors. The health service anticipates that by the end of the year there could be as many as 24,796 AONs due for completion. Opposition parties including Sinn Fein, Labour, Social Democrats, People Before Profit-Solidarity, Independent Ireland and Aontu have supported Cara's campaign. Last month she staged a 50-hour protest outside Leinster House. She was initially motivated to pursue her advocacy because her two brothers have autism and severe/profound intellectual disabilities. Speaking at Committee, Cara said: 'My own story is very simple, I have two brothers Neil, 12, and John, eight, who are autistic and severely and profoundly intellectually disabled. 'They were both failed dramatically by the state in relation to assessments and services, and Neil remains in an inappropriate school place. 'Our story is the story of so many thousands of other families. I cannot do anything to change the permanent damage caused to Neil and John, but I can advocate to stop damage being done to autistic children in the future.' She said Taoiseach Micheal Martin and the wider Government are breaking the law over the delivery of AONs. 'Three different taoisigh have made promises to me to fix this issue, and all have dramatically failed.' She added: 'Let me explain how they're breaking the law. The Disability Act of 2005, an Act created by this House, states that an assessment of need must be carried out within six months, full-stop. 'That six-month timeframe is there because every single person knows that early intervention is the key. 'It's also generally accepted that when early intervention doesn't occur, that damage is caused to children with disabilities. It's a no-brainer.' Cara said she was shocked that Mr Martin would not declare a national emergency over the matter. She said the taoiseach should also set up a taskforce to address the matter, and increase financing for 'Cara's Fund'.
Sunday World
11-06-2025
- Health
- Sunday World
Government has ‘systematically smashed' disability laws for children, teen tells Oireachtas
Cara Darmody, 14, addressed the Oireachtas Disability Committee on Wednesday about the backlog in the assessment of need (AON) system. Campaigner Cara Darmody staged a 50-hour protest against the backlog in the assessment of needs system (Liam McBurney/PA) The Government has "systematically smashed" disability laws on important checks for children, a teenage campaigner has told the Oireachtas. Cara Darmody, 14, addressed the Oireachtas Disability Committee on Wednesday about the backlog in the assessment of need (AON) system. An AON is carried out to identify if a child, children or young person has a disability, and is designed to identify their health needs as well as service requirements. Once the HSE receives an application, there is a legal requirement for the AON to be completed within six months. On the possibility of changes to the laws being in train, Cara said she would "vigorously resist any negative change" to the six-month timeframe, saying she believed it would cause "further permanent damage to children". The total number of applications overdue for completion at the end of March 2025 stood at 15,296, an 8% rise on the end of 2024. Throughout the first quarter of this year, just 7% of assessments were completed within the timeframes set out in the Disability Act 2005 and accompanying regulations. The HSE said that demand for AONs continues to outstrip system capacity, despite increases in activity and commissions from private assessors. The health service anticipates that by the end of the year there could be as many as 24,796 AONs due for completion. Opposition parties including Sinn Féin, Labour, Social Democrats, People Before Profit-Solidarity, Independent Ireland and Aontu have supported Cara's campaign. Last month she staged a 50-hour protest outside Leinster House. She was initially motivated to pursue her advocacy because her two brothers have autism and severe/profound intellectual disabilities. Speaking at Committee, Cara said: "My own story is very simple, I have two brothers Neil, 12, and John, eight, who are autistic and severely and profoundly intellectually disabled. "They were both failed dramatically by the state in relation to assessments and services, and Neil remains in an inappropriate school place. "Our story is the story of so many thousands of other families. I cannot do anything to change the permanent damage caused to Neil and John, but I can advocate to stop damage being done to autistic children in the future." She said Taoiseach Micheal Martin and the wider Government are breaking the law over the delivery of AONs. Campaigner Cara Darmody staged a 50-hour protest against the backlog in the assessment of needs system (Liam McBurney/PA) News in 90 Seconds - June 11th "Three different taoisigh have made promises to me to fix this issue, and all have dramatically failed." She added: "Let me explain how they're breaking the law. The Disability Act of 2005, an Act created by this House, states that an assessment of need must be carried out within six months, full-stop. "That six-month timeframe is there because every single person knows that early intervention is the key. "It's also generally accepted that when early intervention doesn't occur, that damage is caused to children with disabilities. It's a no-brainer." Cara said she was shocked that Mr Martin would not declare a national emergency over the matter. She said the Taoiseach should also set up a taskforce to address the matter, and increase financing for "Cara's Fund".
Irish Independent
11-06-2025
- Health
- Irish Independent
Government has ‘systematically smashed' disability laws for children, teen campaigner tells Oireachtas
Cara Darmody, 14, addressed the Oireachtas Disability Committee on Wednesday about the backlog in the assessment of need (AON) system. An AON is carried out to identify if a child, children or young person has a disability, and is designed to identify their health needs as well as service requirements. Once the HSE receives an application, there is a legal requirement for the AON to be completed within six months. On the possibility of changes to the laws being in train, Cara said she would "vigorously resist any negative change" to the six-month timeframe, saying she believed it would cause "further permanent damage to children". The total number of applications overdue for completion at the end of March 2025 stood at 15,296, an 8% rise on the end of 2024. Throughout the first quarter of this year, just 7% of assessments were completed within the timeframes set out in the Disability Act 2005 and accompanying regulations. The HSE said that demand for AONs continues to outstrip system capacity, despite increases in activity and commissions from private assessors. The health service anticipates that by the end of the year there could be as many as 24,796 AONs due for completion. Opposition parties including Sinn Féin, Labour, Social Democrats, People Before Profit-Solidarity, Independent Ireland and Aontu have supported Cara's campaign. Last month she staged a 50-hour protest outside Leinster House. She was initially motivated to pursue her advocacy because her two brothers have autism and severe/profound intellectual disabilities. Speaking at Committee, Cara said: "My own story is very simple, I have two brothers Neil, 12, and John, eight, who are autistic and severely and profoundly intellectually disabled. "They were both failed dramatically by the state in relation to assessments and services, and Neil remains in an inappropriate school place. "Our story is the story of so many thousands of other families. I cannot do anything to change the permanent damage caused to Neil and John, but I can advocate to stop damage being done to autistic children in the future." She said Taoiseach Micheal Martin and the wider Government are breaking the law over the delivery of AONs. "Three different taoisigh have made promises to me to fix this issue, and all have dramatically failed." She added: "Let me explain how they're breaking the law. The Disability Act of 2005, an Act created by this House, states that an assessment of need must be carried out within six months, full-stop. "That six-month timeframe is there because every single person knows that early intervention is the key. "It's also generally accepted that when early intervention doesn't occur, that damage is caused to children with disabilities. It's a no-brainer." Cara said she was shocked that Mr Martin would not declare a national emergency over the matter. She said the Taoiseach should also set up a taskforce to address the matter, and increase financing for "Cara's Fund".
Irish Examiner
11-06-2025
- Health
- Irish Examiner
Disability activist Cara Darmody claims law being broken as children 'left to rot' on waiting lists
A schoolgirl who has held protests outside the Dáil for better autism services has claimed the Government is "blatantly" breaking the law and "permanently damaging children". Cara Darmody, who recently held a 50-hour protest at the gates of Leinster House as part of her years-old campaign, told TDs children are being 'left to rot' on HSE waiting lists to get assessed. She said that an Assessment of Need (AoN) must be carried out within six months. Addressing an Oireachtas committee in the Dáil, she said in 93% of cases, children are assessed outside the six-month timeframe. Under the Disability Act 2005, the HSE is legally obliged to have a child's special needs assessed within six months but it has repeatedly failed to do this over the past 20 years. Among those affected by special needs resourcing issues are her two severely autistic brothers, Neil — a 12-year-old who was only formally diagnosed as autistic in December 2016 despite being referred by a public health nurse when he was aged around 16 months to local HSE child services as a child of concern — and John. Cara told members of the Joint Committee on Disability Matters: 'I cannot do anything to change the permanent damage caused to Neil and John. 'But I can advocate to stop damage being done to autistic children in the future. Let's cut straight to the chase — I'm here today to call out the blatant Assessments of Needs law-breaking by the Taoiseach and the Government. 'Three different Taoisigh have made promises to me to fix this issue, and all have dramatically failed.' Cara, from Tipperary, raised this among other issues when she met Simon Harris when he was taoiseach last year on the first day of protest vigils she held outside the Dáil and the Taoiseach's Office last summer. The teenager met Micheál Martin in 2022 when he was taoiseach, and also lobbied him to put more resources into special needs assessments and therapies. Cara, who got 97% in her Junior Cert maths in 2022 to help raise awareness and €82,000 in funding for better services for autism locally and nationally, also lobbied Leo Varadkar, when he was taoiseach. Her father Mark told the committee that despite raising the issues with Mr Martin again recently and trying to get him to declare a national emergency on the lack of special needs assessments and therapies, he said: 'He doesn't buy into this emergency. He said it was just words.' He added: 'We are sleepwalking into a disaster." Read More Family of Clare boy killed by van challenge decision to bring no charges over death
BreakingNews.ie
04-06-2025
- General
- BreakingNews.ie
HSE must specify when services will be provided to children with disabilities, Supreme Court says
The Supreme Court has delivered an important judgment concerning the obligations of the HSE towards children with disabilities, including a need to specify when services will be provided to them. Compliance by the HSE with its obligations under the Disability Act 2005 involves setting out and implementing 'measurable' actions, the court said. Advertisement Although there is 'nothing objectionable' about the HSE's Individual Family Support Plan (IFSP) model for delivering services to children with disabilities, the court said the HSE must ensure it complies with its obligations and with the legislature's intention to give 'enforceable rights' to individuals. The five-judge court on Wednesday rejected the HSE's appeal against the High Court's finding that it failed to comply with its legal obligations in relation to an eight-year-old girl assessed as having autism spectrum disorder and global developmental delay. Giving the judgment, Ms Justice Iseult O'Malley said the statutory process obliges the HSE to specify what services will be provided to children with disabilities and when they will be provided. Delays in assessments of need are a 'recurring' theme in cases before the courts, she noted. There was a delay of more than 18 months in assessing the girl and further delays in providing her with therapy services identified as being her health needs. Advertisement The High Court, in finding the statutory requirements were not complied with, said the only service for the girl where the HSE specified a time frame for delivery was the development of an IFSP, but that was not a 'clinical service'. The core issues in the HSE's appeal were whether the 2005 Act required that each health service identified in an assessment report should be specified in a service statement; and whether the statutory requirements regarding the content of service statements were breached by identifying the development of the IFSP as a 'specified' health service. Ms Justice O'Malley found, while not every service recommended in an assessment report must be included in the service statement, there must be 'a rational connection' between the content of both. On the second issue, she ruled an IFSP is a 'health service' within the meaning of section seven of the 2005 Act. Advertisement She said the commencement of an IFSP is the starting point for delivery of services and the plan continues as the evolving basis for development of further goals. The legislature had intended a process through which particular services and dates would be 'clearly identified' in the service statements, with a legal right to seek implementation through the courts if necessary. If each service statement only specifies a start date for the IFSP process, the right may appear reduced as the only complaint apparently possible would be the failure to commence that process, she said. The HSE can, within the IFSP model, comply with its obligations to set out and implement measurable actions, she said. Advertisement The first service statement should 'spell out' what will be involved in the IFSP process. Reviews of the service statement also required greater detail, including an overall assessment of the goals set out, whether those have been achieved, identification of overall goals for the near future and the work to achieve those, the judge said. That might mean 'relatively frequent' reviews. If the only service specified in the first service statement is an IFSP, the HSE should record that the needs specified in the assessment of need have not been included. This was necessary under the HSE's obligation to assist in measuring aggregate needs. In the case of the girl, represented by Derek Shortall SC and Colin Smith SC, instructed by solicitor Wendy Lyon, she said the original service statement and the first review statement did not meet these criteria. The original statement had been superseded and it seemed likely there would have been further reviews, she noted.
