KOD Lyons AON Information Sheet

What is an Assessment Report and Service Statement

The purpose of an Assessment Report and Service Statement is to assist the HSE in determining the health and educational needs (if any) occasioned by a disability. They are provided for in the Disability Act 2005. 

An ‘Assessment of Need’ is an assessment carried out by the HSE for children or young people with a disability. The assessment identifies your child’s health needs and what health services are needed to meet these needs. If you child is deemed to have a disability you should then be issued with a Service Statement. A Service Statement lists the services the HSE proposes to provide to meet your child’s needs. 

How do I apply for an Assessment Report?

An Assessment of Need can be applied for on behalf of any child by their parent, legal guardian or personal advocate. The application must be done in writing. The form can be downloaded here: download the Assessment of Need application form (pdf). It must be then posted to your local HSE Assessment Office which can be found here:  local HSE Assessment Officer.

Once the application has been received by the HSE, an acknowledgement letter should be received. This letter should be kept as it may be needed to bring legal proceedings in the future. The HSE have 3 months to start the assessment from the date the application was received and have a further 3 months to complete the assessment. 

Making a complaint

If the assessment has not commenced after 3 months, a complaint can be made under the Disability Act 20025. To make an AON complaint we can assist you with that or you can contact the Disability Complaints Officer.  This can be done by e-mail at aon.complaints@hse.ie. We recommend making your complaint in writing by letter or by email. A complaint from can be requested from you Assessment Officer, Liaison Officer or directly from the Disability Complaints Officer (DCO). When making the complaint it should be specified that the complaint concerns failure to commence and/or complete an Assessment of Need under Section 14 (1) (b) of the Disability Act. 

This complaint can also be made on your behalf by a legal representative. This is a service which is offered by the Child & Disability law team at KOD Lyons. 

A further acknowledgement letter should be issued once the complaint is received from the DCO. It is again recommended that this letter is kept. A solicitor should then be instructed to institute a letter demanding that the complaint be processed promptly. 

Bringing the matter to the Circuit Court

When the complaint is finalised, a decision will be issued by the DCO setting out recommendations and specific dates and times in which an Assessment Report or Service Statement should be issued. If these recommendations are not complied with within 3 months of the date of the determination, solicitors should then be instructed to bring the matter to the Circuit Court to seek an enforcement order. 

Given the unfortunate regularity of these matters, they are mostoften done on consent with the HSE and results in an order granted which states that the recommendations of the DCO are to be complied with within a period set down by the courts. 

It should be understood that legally a lack of resources is not a legal defence to the late delivery of an Assessment of Need or service statement.  

AON – Seeking an Enforcement Order from the Circuit Court

If you have received a positive complaints decision from the Disability Complaints Officer in relation to a delay in the Assessment of Need process, we can assist you in bringing your case to the Circuit Court to enforce the recommendations made. 

A positive determination is one that sets out timelines in which an Assessment Report or Service Statement is to be issued to you. 

The documents that we will need to draft legal proceedings in your matter are:

1. The acknowledgement letter received from the HSE in relation to the application made for an Assessment of Need 
2. An acknowledgement letter received from the Complaints Office relating to the complaint made. 
3. The Determination of the Disability Complaints Officer (DCO). 

If you do not have any of these documents, they can be requested from the HSE. This can be done by a member of our team on your behalf. 

Once 3 months has lapsed from the date the complaints decision was issued, matters will be able to proceed to the Circuit Court. 

All that you will need to do is to come to our offices on Ushers Quay to swear your legal proceedings, or in the alternative, this can be done at a solicitor’s office more local to you. 

These matters are generally dealt with on consent with the HSE and an order is granted stating that the recommendations made by the DCO are to be complied with within a timeframe set by the court. If you have not received both the Assessment Report and Service Statement after this time period the HSE will be in contempt of a court order, and we will look to take further action if necessary. 

Other Complaints under the Disability Act

There are a number of complaints that can be brought under Disability Act around the assessment of need process.

1. You disagree with the assessment of need officer that the child does not have a disability.
2. The assessment was not commenced or completed within the timeframes set out in the Disability Act.
3. You believe the assessment was not conducted properly by the assessors
4. You disagree with the contents of the service statement.
5. You believe that the HSE or education service provider failed to provide or fully provide a service recommended in the service statement.

KOD Lyons are happy to assist you further in relation to the assessment of need process or assessment of need complaints procedure.  

Ian McAweeney

Child law team KOD Lyons Solicitors