A.B v Health Service Executive & Ors (Re HSE Standard Operating Procedure, January 2020) (Unapproved) [2023] IECA 275 (10 November 2023)

A.B v Health Service Executive & Ors (Re HSE Standard Operating Procedure, January 2020) (Unapproved) [2023] IECA 275 (10 November 2023)

A statutory assessment of need under s.8 of the Disability Act 2005 is complete if it determines the existence, nature, and extent of disability as defined by the Act, even if it does not include a clinical diagnostic assessment. The HSE's Standard Operating Procedure (January 2020), which separates diagnostic...

Source-derived case information.

Citation
[2023] IECA 275
Parties
Applicant: A. B.; Respondent: Health Service Executive; Notice Party: Irish Human Rights and Equality Commission
Jurisdiction
Ireland
Judgment Date
10 November 2023
Procedural Posture
Case Stated From Circuit Court Under S.16 Courts of Justice Act, 1947 / Court of Appeal Consultative Determination
Outcome
Question answered in the negative: An assessment of need under the Disability Act 2005 can be regarded as complete without incorporating a diagnostic assessment.
Legal Topics
Statutory Interpretation, Assessment of Need, Disability Act 2005, Standard Operating Procedure, Diagnostic Assessment, Children's Rights
Administrative Law Health Law Disability Law Child Law Statutory Interpretation Assessment of Need Disability Act 2005 Standard Operating Procedure +2 more

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Summary, issues, holding and outcome

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Parties

A. B.

Applicant

Health Service Executive

Respondent

Irish Human Rights and Equality Commission

Notice Party

Procedural Posture

Case Stated From Circuit Court Under S.16 Courts of Justice Act, 1947 / Court of Appeal Consultative Determination

Legal Issues

  1. 1 Whether an assessment of need under the Disability Act 2005 is statutorily complete without a diagnostic assessment of the child's disability
  2. 2 Whether the HSE's Standard Operating Procedure (January 2020) complies with s.8 of the Disability Act 2005
  3. 3 Whether the nature and extent of disability must be determined by clinical diagnosis in the assessment report

Ratio Decidendi

A statutory assessment of need under s.8 of the Disability Act 2005 is complete if it determines the existence, nature, and extent of disability as defined by the Act, even if it does not include a clinical diagnostic assessment. The HSE's Standard Operating Procedure (January 2020), which separates diagnostic assessment from the statutory assessment of need, does not breach the statutory requirements, provided the assessment report addresses the statutory criteria. Diagnostic assessment may be identified as a health need but is not a prerequisite for statutory compliance.

Court Disposition

Question answered in the negative: An assessment of need under the Disability Act 2005 can be regarded as complete without incorporating a diagnostic assessment.

Orders

  • No order as to costs; determination confined to the legal question stated.