G v Health Service Executive (Unapproved)

UNAPPROVED ���������������������������������������������������������������� � NO REDACTION NEEDED

This is a case stated dated 28 th February 2020 from the Circuit Court (Her Honour Judge Linnane) to this Court. The issue raised is of systemic importance and the question posed by the case stated is as follows:

�Where an Assessment Report prepared under the Disability Act 2005 concludes that an applicant has no disability, but nonetheless identifies that the applicant has health needs and requires health services, is that applicant entitled under inter alia s. 11 of the Disability Act 2005 to a service statement?�

The referring judge very helpfully set out the agreed facts comprehensively, as follows:

�1. The Disability Act 2005 enacts a statutory process for the assessment of needs of children who are suspected of having a disability.� This consists, inter alia, of preparation of an assessment report (a report of whether a child has a disability and a resource - blind assessment of the needs engendered by the disability), and a �service statement� setting out the services that will actually be provided to that child having regard, inter alia, to questions such as �practicability�, and budgetary constraints.� �