SNPN Donegal caught up with Andrew Murnaghan & Patrick Kevans of KM Solicitors to discuss the Assessment of Need process and how every child under the age of 18 is legally entitled to and should have an up to date Assessment of Need.
What is an Assessment of Need?
If your child has a disability or you believe they have a disability you can apply on their behalf to the Health Service Executive for an Assessment of Need (AON).The assessment will identify your child’s health & education needs and what services are required to meet your child's needs. An Assessment of Need must be a comprehensive, accurate and up to date assessment of the child’s health and education needs and must be carried out in compliance with the Disability Act 2005, applicable regulations and to certain standards.
Who is eligible for an Assessment of Need?
The Assessment of Need is a legal right under the Disability Act 2005. It can be applied for if you are of the opinion that your child may have a disability, regardless of whether the child has an existing diagnosis or not. Your child must be born after 1 June 2002 in order to be eligible to be assessed. An application can be made by a parent, legal guardian or a personal advocate or legal representative of the child in question. A young person aged 16 or 17 years can apply for their own Assessment of Need with the maximum age of entitlement being 18 years of age.
What are the timeframes for the Assessment of Needs?
The Assessment of Need process must be started as soon as possible but no later than three months from the date of receipt of your completed application form. Once, started it must be completed within a further three months from the date of commencement.
How do I apply for an Assessment of Need?
The process is self-referral i.e. you do not need to be referred by a GP, therapist or be in an existing disability services team and it is relatively straight forward.
1. An Assessment of Need application form which is available online from the Health Service Executive (HSE) should be downloaded and completed. The form is available here
2. When completed it should be sent by post to the child’s local HSE Assessment Officer. Details are available here
It is advisable to send the completed application form by registered post. A copy of the completed application form and any documents forwarded with the form should retained by the sender.
3. Confirmation of receipt of the application should be obtained within two weeks. In the absence of confirmation of receipt of the completed application form contact should be made with the Health Service Executive to clarify that the form has been received and the application is deemed as complete.
4. Upon receipt of a completed AON application form the AON process must be commenced within three months and completed within six months.
5. Sometimes further information is requested of the applicant which is material to the AON process. It is important that any additional information is sent as soon as possible to the Health Service Executive as the process will not commence until a completed application has been acknowledged as received by the Health Service Executive.
The Assessment Officer will provide the Assessment Report. If the child is deemed to have a disability the assessment report is sent to a Liaison Officer who will prepare a Service Statement. A Service Statement should be received by the applicant within one month of the completed assessment. Crucially the Service Statement will list health services and supports that will be provided to the child to address the identified health deficits. The service statement must comply with The Disability Act 2005 and relevant regulations.
What if I am not happy with my Assessment of Need?
There are specific complaints and appeals procedures that are available if an applicant is not satisfied with the Assessment of Need process, the assessment of need report or the Service Statement.
A Complaint may be made to the Executive if:
The Assessment officer decides that your child does not meet the definition of disability and you disagree.
Your child’s assessment was not started or completed within the time-frames specified.
The fact, if it be the case that the assessment was not conducted in a manner that conforms to the standards determined by the appropriate body.
You believe that the content of your child’s Service Statement is inaccurate or incorrect.
The fact, if it be the case, that the Executive or the Education service provider, as the case may be, failed to provide or to fully provide a service specified in the service statement.
A complaint can be submitted within three months of the date on which the cause of the complaint arises. A person can apply for an extension of the three-month period of time within which a complaint may be made, reasonable cause for the requested extension of time should be shown. If you are unhappy with the findings and recommendations of the Complaints Officer you can appeal to the Disability Appeals Officer, an application can be made to the Circuit Court to enforce a recommendation in a Complaint Report.
If you have any issues with your Assessment of Needs you can contact Andrew Murnaghan or Patrick Kevans on 01-224 3578 or check out their website on www.kmsolicitors.ie
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