COMPLAINTS PROCEDURE
Specific complaints and appeals procedures are available if an applicant is not satisfied with the Assessment of Need report or Service Statement. This process is suitable for the following complaints:
- 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. Your child's assessment 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;
- you believe that your child’s assessment was not carried out in line with the standards for assessment;
- you believe that the content of your child's Service Statement is inaccurate or incorrect;
- your child has not received a service that is detailed in his or her Service Statement.
A complaint can be submitted within three months of the date on which the applicant became aware of the cause of the complaint.
STANDARD OPERATING PROCEDURE AND PRELIMINARY TEAM ASSESSMENT The HSE implemented a new procedure called SOP from 15 January 2020 for carrying out assessment of needs to complete Assessment of Need reports. Under the new procedure the assessment to be carried out on a child was referred to as a “
Preliminary Team Assessment” instead of the full assessments which had been carried out under the Assessment of Need process provided for in Part 2 of the Disability Act 2005. The standard operating procedure was successfully challenged in the High Court which ruled on 11 March 2022 that the procedure was contrary to part 2 of the Disability Act 2005. (Please see our News & Insights section for more information)Accordingly, the SOP is no longer been used by the HSE in respect of carrying out assessments of needs.
DOMICILIARY CARE ALLOWANCELegal advice and assistance to applicants for domiciliary care allowance including any appeal of a refusal or court applications as required.
HOUSING REQUIREMENTSWe represent clients with special needs who require specific or additional housing requirements.
CONTACT US:
KM Solicitors has extensive experience in representing clients in respect of issues and complaints concerning assessment of need reports, service statements and access to services.
Email:
amurnaghan@kmsolicitors.ie
Contact No: 01-2243576
