I propose to take Questions Nos. 835 and 836.837 together.
The Assessment of Need process is set out in the Disability Act, 2005 and has two main parts:
• The first is to determine if a person has a disability as described in the Disability Act. The definition of disability is very specific in the Act. It means a substantial restriction in the person’s capacity. In other words, they have a significant difficulty with communication, learning or mobility or significantly disordered cognitive processes. In addition, this restriction should be permanent or likely to be permanent and require the continued provision of services to meet the person’s needs.
• The second part of the process takes place if a determination of disability has been made. In this part, the person’s health and/or education needs are identified and the health services they require to meet those needs are also identified.
It is important to note that children do not require an Assessment of Need to access health services, including HSE Primary Care, Children’s Disability Network Teams or Mental Health Services.
With regard to the specific questions, Table 1 below sets out the number of completed AON reports in 2023, 2024 and for the first 9 months of 2025 (based on the latest available data from the HSE); the number of completed reports with a determination of ‘no disability for each year; and the percentage this represents of the total AON reports.
|
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No. of completed AON reports
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No. of completed AON reports with a 'no disability' determination
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% of completed reports with a ‘no disability’ determination
|
|
2023
|
3205
|
859
|
26.8%
|
|
2024
|
4162
|
1261
|
30.3%
|
|
2025
|
4534
|
1230
|
27.1%
|
In relation to the second question, the HSE has advised that, where a determination of ‘no disability’ has been made, a category of disability (such as autism) is not recorded on the AON database. Therefore, it is not possible to provide “the number of AON reports that specify a finding of ‘no disability’ acknowledge that the child the subject of the AON report has autism”.
The final question relates to AON reports where a determination of ‘no disability’ has been made that are subject to complaint and/or appeal. The Disability Act 2005 provides for a complaints and appeals procedure for service users if they are unhappy with their child's assessment of need or service statement. Under the Act, an applicant or their parent/guardian can make a complaint in relation to one or more of the following grounds:
(a) a determination by the assessment officer concerned that he or she does not have a disability;
(b) the assessment under section 9 was not commenced within the time specified in section 9(5) or was not completed without undue delay;
(c) the assessment under section 9 was not conducted in a manner that conforms to the standards determined by a body referred to in section 10;
(d) the contents of the service statement provided;
(e) the Executive or the education service provider, as the case may be, failed to provide or to fully provide a service specified in the service statement.
The HSE National Complaints Governance and Learning Team is responsible for the Assessment of Need complaints process. Data on AON complaints is included in the annual HSE ‘Your Service Your Say Activity Report’ which is published on the HSE website. The 2024 report shows that there were 61 complaints in 2024 under ground (a) above. This equates to 3.21% of all AON complaints received during that year. Data for 2025 has not yet been published.
In relation to the number of complaints upheld and resulting in a complaint report with a recommendation to carry out a new AON, officials from my department will liaise with the HSE National Complaints Governance and Learning Team to ascertain whether the data is available and reply directly to the Deputy.
The Disability Appeals Officer and his/her staff are referred to collectively as the Office of the Disability Appeals Officer. The Disability Appeals Officer is an independent officer appointed by the Minister for Disabilities (or Minister of State as delegated). He or she provides an appeals service for persons who wish to appeal:
• against a finding or recommendation of a Complaints Officer of the Health Service Executive made under Section 18(1) of the Disability Act 2005 (“the 2005 Act”), or
• against the failure of the HSE or an Educational Service Provider (ESP) to implement a recommendation of a complaints officer of the HSE
The Disability Appeals Officer only processes appeals that are based on a HSE complaints officer's report.
While the Office of the Disability Appeals Officer publishes an annual report, it does not include data on the number of complaints that are not upheld, where the complaints officer upholds the finding of no disability are overturned on appeal. Officials from my department will liaise with the Office of the Disability Appeals Officer to ascertain whether the data is available and reply directly to the Deputy.
