Dáil Éireann Debate, Thursday - 19 February 2026
146. Deputy Paul Murphy asked the Minister for Children, Disability and Equality her plans to consult with representative organisations in relation to the Disability (Amendment) Bill 2025; and if she will make a statement on the matter. [13291/26]
Amharc ar fhreagra155. Deputy Paul Murphy asked the Minister for Children, Disability and Equality if she will engage with parents who are unhappy with the proposed changes to the assessment of need process under the general scheme for the Disability (Amendment) Bill 2025; and if she will make a statement on the matter. [13290/26]
Amharc ar fhreagraI propose to take Questions Nos. 146 and 155 together.
Under the Disability Act, an Assessment of Need is an assessment process carried out by the HSE where a person is of the opinion that they may have a disability, for anyone born on/after 1st June 2002. It first establishes whether the person has a disability (as defined within the Act). It then identifies the health and education needs of the person with a disability and the services required to meet those needs.
I must emphasise that children do not require an Assessment of Need to access health services, including Primary Care, Children’s Disability Network Teams or mental health services. However, demand for Assessments of Need has increased significantly in recent years. This reflects both the increase in population and families exploring all options to access services for their child. This has led to a growing backlog of applications and long waits for children and their families.
On December 9th, Government announced a series of changes to the Assessment of Need (AON) process which will make the process more effective and efficient for children and families. These changes include legislative reform of Part 2 of the Disability Act 2005, which provides for Assessments of Need. The General Scheme of the Disability (Amendment) Bill was recently published on the Department’s website along with an FAQ document for parents, families and other stakeholders.
The Department has received and responded to a number of representations from parents who are concerned about what these changes to the AON process may mean for their child. I acknowledge the frustration of parents and families who are impacted by the delays in assessment and therapies for their children and want to assure them that intensive work is underway by the Department and the HSE to improve the system.
Importantly, the proposed legislative changes will be supported by operational and administrative actions and will not remove any rights for parents to apply for an Assessment of Need for their child, nor will they alter the statutory six-month timeline set out in the Disability Act.
The Department is currently at an early stage of the legislative process. Pre-legislative scrutiny by the Joint Committee on Disability Matters is underway. As the Deputy is aware, the Committee may invite stakeholders to participate and produce a report with recommendations to the Bill based on its scrutiny. The Committee has also published a ‘Call for Public Consultation’ as part of the scrutiny, and individuals and groups are invited to send submissions to the Committee.
The work on the proposed changes to Part 2 of the Disability Act was informed by inputs from stakeholders during the development of the National Human Rights Strategy for Disabled People and by the review of the Interim Guidance for the HSE Assessment of Need Standard Operating Procedure, undertaken by the National Clinical Programme for People with Disability (NCPPD). The latter was supported by a multistakeholder Task Group who contributed to the evidence base for changes. The review report is now available online.
As well as these engagements on the legislation, this Department and the HSE have engaged in a number of stakeholder consultations either directly focussed on AON or where AON was a significant topic, for example:
• Presentations by the Department over the past year to the Young Ireland Advisory Council on the issues of concern on AON and the need to streamline processes.
• A series of meetings with HSE management and operational staff about the Assessment of Need process led by the Department to discuss potential process improvements.
• Feedback through advisory groups for the HSE Roadmap for Service Improvement, which include parents’ reps and through family fora established under the Roadmap.
• Consultative engagement on AON legislative reforms with regional HSE teams in 2025.
The provision of an effective and efficient Assessment of Need system and the provision of services to children as early as possible continue to be a priority for the Government.
There is a recognised need to review and update existing disability legislation, particularly following Ireland’s ratification of the United Nations Convention on the Rights of Persons with Disabilities. A wider review of the Disability Act will be a key priority for the Department in 2026. Work to scope out a comprehensive review is ongoing within the Department and the review will be carried out in consultation with a wide range of stakeholders.
