M.B. v HSE (Approved)

                  The assessment of need process enacted under the Disability Act, 2005 [hereinafter �the 2005 Act�] results in the preparation of two documents: an assessment report and a service statement.

                  The issue which arises for determination in these proceedings is whether there is an entitlement, enforceable by order of mandamus or declaratory relief in judicial review proceedings, to compel the carrying out of more than one review of an assessment of need under the 2005 Act.�

                  The Applicant is a child (hereinafter �the Child�) who has been diagnosed with Autism Spectrum Disorder.� His mother and next friend applied for an assessment of need pursuant to s. 9 of the 2005 Act in March, 2018 when the Applicant was nine years old.� The resulting Assessment Report was completed in August, 2019 (outside the mandated statutory time-frame).�

                  The Assessment Report records on its final page (in accordance with s.8(7)(b)(iv)), that it is to be reviewed on the 30 th August 2020 while noting in bold text that � reviews do not take place automatically, parents can apply for a review through the AON process .�

                  The corresponding Service Statement issued in September, 2019.�