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“The system is broken”, declares Minister for Children Ms. Norma Foley amid a protest outside Leinster House as the dysfunction of the Assessment of Need system is brought before the Dáil.
Introduction
Opposing parties of the Dáil have grouped together to put forward a motion demanding reform to the current Assessment of Need system.
This coordinated effort comes on the back of a 50-hour long protest carried out by a teenager advocating for better support for her two brothers. The Government will not oppose the motion and are expected to introduce reform to the area.
Assessment of Need
In short, the Assessment of Need (“AON”) identifies a child’s health needs and determines what services are required to meet said needs.
It is a multi-disciplinary assessment and is widely considered to be the first step to accessing disability services for children with autism spectrum disorder in Ireland.
Read more about the Assessment of Need Criteria and the timeframes for AONs.
Disability Act 2005
The importance of the AON has been put on statutory footing. Section 9 of the Disability Act 2005 provides strict timelines for the commencement and completion of the AON.
The Act provides that where a person (or a parent of a person) applies to the HSE for an AON, in relation to a specific need or particular service, that assessment must commence within three months of the date of the receipt of the application.
The Act specifies that the AON must then be completed within three months of commencement.
In short, once an application has been made, a statutory entitlement to have the AON carried out within 6 months arises.
Untenable Waiting Lists
The figures regarding AON are stark. The number of children waiting over 6 months for an AON has reached 15,296 as of the end of March 2025. This represents an 8% rise from the end of last year, with concerns that the waiting list will reach 24,796 by the end of the year. Only 7% of Assessments are currently being carried out within the statutory timeframe of 6 months.
The latest HSE annual report, published in July 2024 revealed that in areas such as Kildare, West Wicklow and South Dublin only 0.4% of assessments were completed on time. There has been no subsequent reprieve for applicants in these areas, with the waiting list for assessments in Wicklow and Kildare reaching 2,314 as recently as February 2025.
Read our prior article setting out the AON process in detail - Assessment of Need Judgment Has Important Implications for Children
Call for Reform
The recent coverage of these delays, in addition to the 50-hour protest, has given impetus to the call for reform in the Dáil with opposing parties seeking to form a united coalition to take the Government to task over what was recently described as “systemic neglect”.
Taoiseach, Mr. Micheál Martin stated yesterday in the Dáil that the status quo is “not tenable” and stressed the need for new legislation in the area. Minister for Children, Disability and Equality, Ms. Norma Foley, echoed this view and has said the system is broken and that she expects to announce new legislation to be brought forward this year to streamline the process.
Conclusion
It is yet to be seen how legislative reform would look in this area. While the call for reform and the extent of the discussion in the Dáil is certainly welcome, systematic issues within the disability services such as capacity and funding also need to be addressed before legislative reform can bring about meaningful change.
Further Information
Lavelle Partners have extensive experience in representing clients in respect of issues and complaints concerning AON's, access to services and challenging state decisions in respect of care and welfare allowances.
For further advice on any Assessment of Needs matter, please contact Partner Avril Scally or Solicitor Rory Knight.