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44 HSE needs-assessment delay appeals upheld

The Disability Appeals Office (DAO) 2023 annual report shows it received 72 files last year, and processed 44.

All 44 cases related to the HSE’s failure to complete ‘assessments of need’ within the statutory timeframe required.

All were upheld, underscoring persistent issues in the meeting of legislative obligations, the annual report states.

Notably, 17 of the 2023 appeals have been carried forward to 2024 because the position of disability-appeals officer was vacant for eight months last year.

Legal developments

Since 2020, the DAO has been subject to a series of High Court appeals that have provided critical judicial clarity on its role and responsibilities, the report states.

Such judicial oversight will be instrumental in refining processes and enhancing capacity to fulfil the mandate of the DAO effectively in the future, the report continues.

Obligations

The capacity for the HSE to meet its legislative obligations remains significantly challenged, the DAO states.

For part two objectives of the Disability Act to be fully realised, it is “imperative that HSE resourcing aligns with these ambitious goals”, the DAO adds.

However, the body also acknowledges the HSE’s recruitment difficulties in meeting legal obligations to support children with disabilities.

Enhancing access

The DAO has said that it is working to improve the accessibility and user-friendliness of the appeals process through simplified systems.

Simplifying access to appeals is a priority to support families seeking redress and clarity on their rights, the DAO states.

Advocacy

The DAO is urging policymakers and governing bodies to prioritise the needs of children with disabilities who are among the most vulnerable citizens and who deserve equal opportunities.

The geographic distribution of appeals shows a concentration in the Dublin region.

The disability appeals officer is mandated under the Disability Act 2005 to decide on appeals lodged as a result of a finding, or the non-implementation of a recommendation made by HSE independent complaints officers.