Fórsa and HSE management met this week following a recent High Court ruling that the HSE’s assessment of needs process for children with disabilities did not comply with disability legislation. The ruling also found the HSE’s standard operating procedures did not fulfil the requirements set out in the 2005 Disability Act.

Fórsa assistant general secretary Chris Cully said the judgement had led to a high volume of enquiries from health and social care professionals (HSCPs).

“The ruling raises a lot of very complex issues for the multidisciplinary teams involved in the delivery of needs assessments, and this week we were able to establish a forum where HSE management could meet with Fórsa’s HSCP representatives to discuss the implications of the ruling.

“That engagement was very positive. It provided a vital opportunity to exchange questions and concerns regarding the High Court ruling. All parties concerned found it useful and we’re committed to engaging on the same basis again.” she said.

Chris added that the HSE has agreed to issue further clarifications to the children’s disability network teams on foot of this week’s engagement with Fórsa.

A separate judicial review is expected from the Court of Appeal this week. It is likely to have further implications for the service.

Fórsa had previously raised concerns about time assessment limits within the policy set out by the HSE. Chris said the union was concerned that the proposed time limits would not be sufficient to adequately determine the needs of children being assessed. There were also concerns about staff resources to meet demand within the three-month timeframe laid down by the legislation.

Chris said Fórsa sought to send nominees to participate in a planned two-day workshop in early May, to develop clinical guidance on assessment of need in the context of the recent ruling.

Organised by HSE management, the workshop will be chaired by Professor Mac MacLachlan, national clinical lead on disabilities. Fórsa will be in touch with members with more details and to seek nominees for the workshop.