JN and TM (A Minor Suing by his Mother and Next Friend JN) v John Harraghy & Health Service Executive [2023] IESC 9 (27 April 2023)

JN and TM (A Minor Suing by his Mother and Next Friend JN) v John Harraghy & Health Service Executive [2023] IESC 9 (27 April 2023)

The Complaints Officer and Appeals Officer under the Disability Act 2005 do not have the power to directly amend, vary, or add to a service statement; they may only make recommendations or determinations for the Liaison Officer to implement. However, their recommendations or determinations may include directions regarding the date for provision of services if the service statement is found to be inaccurate or incorrect. The remedial nature of the Act requires a purposive interpretation, but statutory limits must be respected.

Citation
[2023] IESC 9
Parties
Respondents: JN and TM (A Minor Suing by His Mother and Next Friend JN); Appellant: John Harraghy; Notice Party: Health Service Executive
Jurisdiction
Ireland
Judgment Date
27 April 2023
Procedural Posture
Statutory Appeal Under the Disability Act 2005 / Supreme Court Appeal From High Court Decision
Outcome
Appeal dismissed in part; High Court error on direct amendment power corrected; jurisdiction to recommend amendment of service statement, including dates, affirmed.
Legal Topics
Statutory Interpretation, Jurisdiction of Statutory Officers, Remedial Legislation, Provision of Disability Services, Enforcement of Statutory Recommendations
Administrative Law Disability Law Health Law Statutory Interpretation Jurisdiction of Statutory Officers Remedial Legislation Provision of Disability Services Enforcement of Statutory Recommendations

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Parties

JN and TM (A Minor Suing by His Mother and Next Friend JN)

Respondents

John Harraghy

Appellant

Health Service Executive

Notice Party

Procedural Posture

Statutory Appeal Under the Disability Act 2005 / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether Complaints Officer and Appeals Officer under the Disability Act 2005 have legal power to alter both the nature of the services to be provided and the time at which they are to commence
  2. 2 Proper approach to construing a social welfare statute and whether plain words may be interpreted in the light of the purpose of the legislation

Ratio Decidendi

The Complaints Officer and Appeals Officer under the Disability Act 2005 do not have the power to directly amend, vary, or add to a service statement; they may only make recommendations or determinations for the Liaison Officer to implement. However, their recommendations or determinations may include directions regarding the date for provision of services if the service statement is found to be inaccurate or incorrect. The remedial nature of the Act requires a purposive interpretation, but statutory limits must be respected.

Court Disposition

Appeal dismissed in part; High Court error on direct amendment power corrected; jurisdiction to recommend amendment of service statement, including dates, affirmed.

Orders

  • Declaration that Complaints Officer and Appeals Officer may recommend or determine that the service statement, including the date for provision of services, be amended if found inaccurate or incorrect, but only the Liaison Officer may implement such changes.
  • Matter remitted for further consideration in accordance with this judgment.