Departmental Legal Cases

64. Deputy Thomas Gould asked the Minister for Children, Disability and Equality the amount spent on litigating judicial reviews in Cork for failure to complete AON in the necessary timeframe since 2020. [65644/26]

Will the Minister make a statement on the amount of money spent on litigating judicial reviews in Cork for failure to complete assessments of need in the necessary time since 2020?

There has been significant increase in demand for assessment of need, AON, in recent years, reflecting both the increase in population and the number of families exploring all options to access services for their child. Unfortunately, demand has outpaced the capacity of the system to respond, resulting in long waiting lists for children to receive their assessment of need. The Disability Act sets out grounds under which applicants may make a complaint regarding assessment of need, including completion within statutory timeframes. Over the past years, there has been an increasing amount of litigation seeking enforcement orders under the Act. It is important to note that if AONs are not provided within the statutory timeframe applicants can use the statutory complaints and redress system. Therefore, they apply to the Circuit Court for an enforcement order as opposed to the High Court judicial review process. The total legal spend for the period from 2020 to 2025 is €498,072. These are the HSE's own fees and do not include the legal spend of the parties who bring claims against the HSE, which have been paid by the HSE. That is because these are discharged by the State Claims Agency. Inability to meet the rising demand for AON is resulting in significant financial cost to the State but, more importantly, is causing delay and distress to children and families who should have access to supports as early as possible. It is very clear that change is needed. There has been progress over the past two years with a noticeable increase in the number of completed applications. Over 5,900 assessments of need were completed last year, which is a 43% increase compared to the previous year, and 3,043 assessment reports have been completed in the first six months of this year. This improvement must continue and it must continue at pace. In addition, significant legislative and operational work is under way to improve the AON process and reduce waiting times.

I want to confirm something. Did the Minister of State say the amount spent in Cork was €4,980? I find that figure unbelievable. I ask her not only to check that figure but also to include the amount that is paid by this State for families to bring these cases. I will tell the Minister why I find the figure unbelievable. Last year, nationally, the State spent €10.5 million defending approximately 1,000 cases of assessment of need that were overdue. This Government is therefore spending more money fighting families in the courts than providing assessments of need for children who desperately need them. Without the assessments of need, those children cannot get the supports they need in the services. They also cannot get the supports they need and the services they need when they go to school. This Government's decision is to fight it. To give the Minister of State another figure, only 7% of assessments of need in Cork were completed on time. These children have rights, and this Government just does not seem to give a damn. These figures speak for themselves.

We absolutely do care. That is why this week, at Cabinet, the Minister, Norma Foley, and I brought forward legislation in this regard. To be clear, the HSE has not contested applications to the Circuit Court. The figure that was provided to me today in response to the Deputy's question is for the HSE's own legal fees, as I have said. They do not include the legal spend of parties who bring claims against the HSE that have been paid to the HSE. They are discharged by the State Claims Agency. I do not have the figure from the State Claims Agency but I can absolutely request that for the Deputy. To be clear, significant legislative and operational work is under way to improve the AON process and reduce the waiting times. This includes continuation of the targeted wait list initiative, improved training and guidelines for assessment officers and targeted amendment of the disability Bill, which was brought to Cabinet this week, to improve the efficiency and effectiveness of the assessment of need process. I agree that it is unacceptable how many children are waiting on these assessments. That is why we are bringing in these reforms - to help change that situation for people.

The Minister of State says the HSE is not contesting these cases, but 1,000 families had to bring cases against the State last year, and the State spent €10.5 million then. What was it spending the money on? Why was that €10.5 million not put into assessments of need? To give the Minister of State figures from Cork, there are supposed to be 14.5 assessment of need posts in Cork; there are only eight. In August, 2,000 assessments of need were overdue. The average waiting time is 27 months. It is supposed to be six months, but children are waiting over two years. No disrespect to the Minister of State, and I do not doubt her sincerity, but I come in here every year raising assessments of need and children who need supports and need this done, and every year I fear what the Government will do. These figures speak for themselves. Children are waiting 27 months for vital assessments. This Government has failed the children of Ireland.

Children are waiting too long, absolutely, and it is not good enough. What has got us here is the increase in demand. That is due partly to changing demographics, and that is a good thing, but it is also due to more awareness within families and among parents exercising their right. Parents - I am sure the Deputy is the same - do not want to know the why; they want to know what we are doing. The only way to fix this is to change things, and that means reform. We are bringing in legislative reform, policy reform and budgetary reform. From a legislative perspective, the Minister, Norma Foley, and I brought to Cabinet this week a Bill on the assessment of need, which will be debated in this House next week. It is about making the approach more efficient, more effective and more standardised. From a policy perspective, the HSE is introducing a single point of access and the new autism protocol and pathways initiative. From a budgetary reform perspective, as well as building capacity within the system, we are investing. This year alone we invested €20 million in the wait list initiative. To be frank and honest about this, however, it will take time. These changes will make things better for families and children in this situation but it will not happen overnight. We need to invest in these reforms if we are to change things, and that is something the Minister and I are determined to do - to change things for these families.