Assessing your child's need under the Disability Act 2005

On June 1 2007, Part 2 of the Disability Act 2005 became law for children under 5 years of age. Under Part 2 of this Act, children with disabilities have a right to:

an independent assessment of their health and educational needs arising from their disability
an assessment report
a statement of the services they will receive
make a complaint if they are not happy with any part of the process.

Who can apply for an assessment?
Any parent who feels that their child aged under 5 may have a disability can apply for an assessment. 'An application can also be made by a guardian. There is a provision under the Disability Act, 2005 , for a personal advocate to be assigned by the Citizens Information Board. This service is expected to commence in mid-2008 ( For more information call 01-6059000 or visit www.citizensinformationboard.ie).

What is an Independent Assessment of Need?
An independent assessment of need is an assessment of the full range of your child's needs associated with his or her disability. After this you will receive an assessment report detailing your child's health and educational needs and the services required to meet those needs.

Who will carry out the assessment?
Your first point of contact is your local Assessment Officer who is responsible for your child's assessment. Each Local Health Office has an Assessment Officer. They can assist you with your child's application and help and support you through the process. The Assessment Officer is responsible for issuing your child's assessment report. The assessment is independent, based solely on your child's disability needs, and is carried out regardless of the cost or availability of services. All assessments will be carried out in line with the standards developed by the Health Information and Quality Authority. You will be encouraged to take part in your child's assessment.

Where do I apply?
Applications must be made in writing on a standard form which is available from the Assessment Officer in your Local Health Office.

How long will it take?
Your child's assessment must start within 3 months from when the completed application form is accepted by the HSE. It must be completed within a further 3 months from the date on which the assessment commenced. In exceptional circumstances, the assessment may take longer than 3 months, but must be completed as soon as possible.

What happens next?
When the assessment is complete, a HSE Liaison Officer will prepare a service statement for you. The service statement will say what services and supports will be provided to your child and will be prepared within 1 month of the assessment being completed. You will receive your child's assessment report and service statement at the same time.

What can I do if I am not satisfied?
The Disability Act 2005 provides for a special complaints and appeals procedure which you can use if you are unhappy with your child's assessment of need or Service Statement. You may complain on the following grounds:

1. The Assessment Officer decides that your child does not meet the definition of disability according to the Act and you disagree.

2. Your child's assessment was not started or completed within the timeframes specified under the Act.
Your child's assessment must be started as soon aspossible 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.

3. You believe that your child's assessment was not carried out in line with the standards for assessment of the Health Information and Quality Authority (HIQA).

4. You believe that the content of your child's Service Statement is inaccurate or incorrect.

5. Your child has not received a service that is detailed in his or her Service Statement.

You can make a complaint at any stage after you have submitted a completed application form for an assessment of need to the Assessment Officer. The
regulations associated with the Disability Act ask that you complain within 3 months of the date on which you became aware of the cause of the complaint.

What should I do if I want to make a complaint?
If your complaint is about the assessment process, contact the Assessment Officer and if it is about the Service Statement, contact the Liaison Officer. In
some areas the Liaison Officer can also be known as a Case Manager.

If you are still not happy and wish to make a formal complaint, the Assessment Officer or Liaison Officer will give you a form to fill in. It is not a very detailed form and you will just need to fill in your name, contact details and the name of the Assessment Officer or Liaison Officer. This form also lists the grounds on which you can make a complaint. This form, when completed, needs to be returned to the Consumer Affairs Division of the HSE. The address is on the form.

When your complaint form is received by the Consumer Affairs Division it will be given to a Complaints Officer within 10 working days. The Division has two
people dedicated to dealing with complaints made under the Disability Act. They are independent under the Act which means that they will look at your complaint objectively and fairly.

This person will write to you to let you know that they are looking at the reason(s) for your complaint. They will contact the Assessment Officer or Liaison Officer and get all the information relating to your child's assessment and Service Statement. They will also speak to you. They will then decide if you have a valid reason for making a complaint. If they consider that your complaint is not valid they will tell you why and put this in writing to you.

If you have grounds for making a complaint, they will examine all the information provided by the Assessment Officer or Liaison Officer. They will speak to you in some detail and can meet with you if they feel it is necessary. They will also speak to the Assessment Officer or Liaison Officer and any other person they feel can contribute to the initial examination of your complaint.

Resolving the complaint informally.
If your complaint is valid, the Complaints Officer dealing with your case will decide, very quickly, if there is scope for your complaint to be resolved informally. If this is the case they will discuss the proposed resolution with you and the other parties to the complaint and, if agreement is reached, they will put this in writing.

What if my complaint is valid and cannot be resolved informally?
If an informal resolution is not possible the Complaints Officer will initiate a formal investigation of your complaint. During the course of a formal investigation the Complaints Officer will talk to you in some detail about your concerns. They will also give others an opportunity to discuss your complaint and provide information in relation to it. This will most likely be the Assessment Officer, Liaison Officer or an education provider.

The Complaints Officer will consider all the information given to him or her about your complaint and prepare a final report on the matter. This report will be given to you and the Assessment Officer, Liaison Officer and any other relevant people.

What is in a final report?
The final report will outline the grounds for complaint and detail all the facts provided by you, the Assessment Officer or Liaison Officer and any other person
who gave information. The report will outline the findings and recommendations of the Complaints Officer in relation to your complaint. In this report the Complaints Officer will state if they uphold your complaint and it may contain one or more of the following findings and recommendations:

1. That the HSE or those providing services on its behalf failed to start or complete your child's assessment within the timeframes set out under the Disability Act and a recommendation that the assessment be started and completed within a specified period.

2. That your child may have a disability and that your child is reassessed within a specified time period.

3. That your child's assessment was not done in line with all or some of the standards of the Health Information and Quality Authority and that his or her
assessment or part of it should be done again within a specified time period.

4. That the content of your child's Service Statement is inaccurate or incorrect and that it is amended or changed by the Liaison Officer in a specified time period.

5. That the HSE or those providing services on its behalf did not provide, or fully provide, a service specified in your child's Service Statement and that it
should be provided in full within a certain period.

What if I am still unhappy?
If you are still unhappy with the findings and recommendations of the Complaints Officer or if the HSE has not acted on the recommendations of the Complaints Officer, you can appeal to the Disability Appeals Officer. The Complaints Officer will always include an information leaflet for this appeals process and an application form with his or her final report. The Disability Appeals Officer is independent and is appointed by the Minister for
Health and Children. They are not part of the HSE. For more information about making an appeal contact the Disability Appeals Office on LoCall 1850 211 583 or at www.odao.ie

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