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Review of child with autism spectrum disorder had been based on all relevant material

By: Mark Tottenham BL

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High Court refuses judicial review of a review carried out by the Health Service Executive of the assessment of needs of a child who had been diagnosed with autism spectrum disorder, where the review concluded that the child no longer met the criteria for disability, on the grounds that: (a) the review of assessment demonstrated that all relevant material had been considered; and (b) there was an alternative statutory process available to the applicants, such that an application for judicial review had not been appropriate.

Judicial review - assessment of need - Disability Act, 2005 - assessment report - service statement - obligation to review assessments of need - Disability Regulations 2007 (S.I. No. 263/2007) - whether HSE could be compelled to carry out review of assessment - entitlement to seek a new assessment of needs - Autism Spectrum Disorder - child no longer meeting criteria for disability - powers of Disability Complaints Officer.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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