Woman seeks damages over delay in HSE assessment of son

A mother has brought proceedings seeking exemplary damages over alleged “excessive” delay in completing a needs and services assessment of her four year old son, who has displayed many symptoms of autism.

An assessment was first applied for more than two years ago and the continuing delay in completing it means he is not getting the supports and services he needs, the mother claims.

She says valuable time has been lost during which his needs could have been addressed and it is feared, if he does not get the appropriate services, his development could be permanently affected.

The action has been brought by the mother on behalf of the boy who, the court heard, has significant speech and language difficulties, emotional issues, attention and concentration problems and has displayed many symptoms of autism.

Brendan Hennessy BL, for the woman, said she submitted an application in 2016 to have her son’s needs assessed by the HSE. Three months later, the HSE incorrectly deemed the child not to have a disability and closed his application, counsel said.

Diagnosed

After the mother pleaded with the HSE, the application was reinstated but the assessment of need report was not completed until last November, some 14 months after it was first sought. The child was diagnosed as having an autism spectrum disorder.

In February, the mother contacted the HSE’s Early Intervention Team and was told it would be six months before her son could take up their services, counsel said. When she contacted the team nine months later she was told it would be a further eight months before her son could be seen.

The mother could have made a formal complaint about the failure to provide her son with services but she believes going through the complaints procedure is futile given how long that process would take to complete, counsel said.

The HSE has been guilty of undue and excessive delay in completing a proper and lawful assessment of need and service statement on the child in accordance with the statutory timeframes, it is claimed.

In the action, the child seeks damages, including aggravated damages, for alleged breach of duty and rights as well as an order compelling the HSE to complete an assessment of his needs.

The ongoing failure to provide these services amounts to failure to respect the child’s rights under Article 8 of the European Convention of Human Rights, it is also claimed.

Permission to bring the judicial review proceedigs was granted, on an ex parte basis, by Mr Justice Seamus Noonan who returned it to next week.