HSE spends average of €27,500 resolving each court case over disability complaint delays

spends an average of €27,500 on legal fees for each court challenge successfully taken against it over delays in resolving complaints about children’s disability assessments, a senior manager has said.

Many of the complaints relate to earlier alleged hold-ups in assessing a child’s needs, the standard or findings of a needs assessment or the contents of a statement listing the services the HSE proposes to provide a child.Charity shock as Revolut customer donates more than €400 by mistake The affidavit came in response to a direction from the judge in charge of the High Court’s judicial review list, Ms Justice Niamh Hyland, who expressed concerns about a “very bad use of court time and of legal costs”. She said litigation was being used to prioritise which complaints are dealt with.

The “net effect” of this, he said, is that someone who litigates can get their grievance dealt with quicker than someone who does not. Although “unusual” for the court not to make an order when both parties are consenting, she noted a recent Supreme Court judgment stating that the High Court is “very much at large” when its judicial review mechanism is invoked.

Two High Court judgments from 2022 increased the complexity of complaints related to needs assessments and statements of proposed services, she said. As judicial reviews mount and “legal scrutiny intensifies”, she said the office faces a heightened administrative burden.

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