When a child needs extra help because of a disability, delay, or developmental difficulty, an Assessment of Need (AON) is often the first step to getting the right supports. This assessment helps parents understand what their child may require, such as speech therapy, occupational therapy, behavioural support, or other early intervention services.
But across Ireland, many families face long delays, incomplete assessments, or refusals from the HSE. These delays can hold a child back at a time when early support is so important. When this happens, a Judicial Review may be the only way to make sure the HSE follows the law and gives the child the assessment they are entitled to.
At Byrne Carolan Cunningham LLP Solicitors, we have strong experience in Judicial Review. We have helped families challenge decisions made by public bodies for many years and we understand how stressful delays can be for both children and parents.
When Judicial Review Becomes Necessary
A Judicial Review does not challenge the medical opinion itself. Instead, it challenges the decision-making process of the public body — usually the HSE — when it fails to follow the law.
Parents may consider Judicial Review if:
- The HSE does not complete the AON on time
- The assessment is refused
- The assessment is not carried out properly
- The Disability Act timelines are ignored
- Services are denied without good reason
Judicial Review asks the court to look at whether the HSE acted lawfully, fairly and reasonably. If the court finds that the process was flawed, it can order the HSE to correct it.
Why Families Need Specialist Judicial Review Solicitors
Judicial Review cases are complex. They require deep knowledge of public law and strict compliance with deadlines. A family already dealing with stress should not have to manage this alone.
A specialist solicitor can help by:
1. Acting
Quickly
Judicial Review must be started within a very short window. A solicitor
will make sure deadlines are not missed.
2.
Understanding How the HSE Works
Challenging a public body requires skill and experience. A solicitor who
works in this area knows how to build a strong case.
3. Preparing
Evidence Properly
Every document matters — medical notes, letters from the HSE, assessment
reports. A solicitor gathers and presents everything clearly.
4. Reducing
Stress for Parents
Families already have enough to deal with. A solicitor takes on the
legal work so parents can focus on their child.
5. Improving
the Chances of Success
The right solicitor can help secure a fair and lawful decision, ensuring
the child gets the support they need.
How This Links to Child Personal Injury Claims
While AON Judicial Reviews are different from Child Personal Injury Claims, both areas focus on protecting a child’s rights. Many parents know about Child accident claims solicitors, but fewer realise that legal help is also available when a public body fails to support their child.
Both processes aim to give children the care and assistance they deserve.
Bottom Line
No family is supposed to struggle alone for their child’s right to proper assessment and support. Failure or delay of the HSE to conduct an Assessment of Need may severely affect child’s development and wellbeing.
Expert Judicial Review solicitors can help parents challenge these delays and protect their child’s legal rights. Byrne Carolan Cunningham LLP Solicitors have extensive experience in this area and are ready to guide families through every step of the process.