Mar 10, 2025, Breaking News: Court grants mother permission to challenge six-year wait for HSE services for her autistic son
The High Court has granted permission to a child who has autism to pursue a challenge to a proposed six-year timeframe for HSE access to what his mother claims are "key" intervention services without which "significant" harm to the boy's health would be caused.
The five-year-old is seeking a judicial review challenging the wait, which was taken by his mother, who applied for an assessment of her child's needs on December 13th, 2022.
In her affidavit, the mother of the boy said that in her son's earliest years, she became concerned that her child was "missing his developmental milestones and that he was displaying delayed speech and language, and would have frequent tantrums".
The mother of the child claims that the assessment application in December 2022 should have commenced, according to the HSE's own timelines, on February 13th, 2023 and should have been completed on May 13th. 2023.
She submits that she received the assessment report "17 months outside the statutory timeline" on October 16th, 2024.
"The report confirmed my suspicion that [her child] met the criteria for autism spectrum disorder," she claims.
The woman claims that the report confirms that the boy exhibits "significant delays in achieving developmental milestones across various domains", such as motor skills, language, cognitive abilities and social-emotional development.
It is submitted by the woman that the delays are "more extensive than what would be expected in a child with autism".
She says she was "taken aback" that there was a waiting time of six years between applying for an assessment and the proposed receipt of HSE services in 2028.
"It is common knowledge that early intervention is key for any child with autism and, in my opinion, a delay of six years would cause significant harm for his health and educational prospects," she submits.
She also claims that a proposed commencement date of May 2028 is "not binding" and that this date can be deferred.
"I am personally aware of other families that have been waiting for years for services only to be told that the commencement date cannot be met... how can this happen in a wealthy country like Ireland is hard to believe," she says.
At the High Court on Monday, Feichín McDonagh SC, appearing with Brendan Hennessy BL, instructed by KM Solicitors, for the boy and his mother, said the six-year gap between applying and receiving services was "extraordinary".
Mr McDonagh successfully applied for permission for a judicial review hearing seeking to quash the service statement.
Ms Justice Mary Rose Gearty granted permission to proceed with the challenge to the service statement, reserved costs in the matter and adjourned the case to April.
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