ASSESSING YOUR CHILDS NEEDS DISABILITY ACT 2005 PART

ASSESSING YOUR CHILD’S NEEDS DISABILITY ACT 2005 PART 2 1

DISABILITY ACT 2005 PART 2 IF YOUR CHILD WAS BORN AFTER 1 ST JUNE 2002 HE/SHE MAY BE ELIGIBLE TO APPLY FOR AN ASSESSMENT UNDER THE ACT. QUALIFYING CHILDREN HAVE A RIGHT TO: • AN ASSESSMENT OF THEIR HEALTH AND EDUCATIONAL NEEDS ARISING FROM THEIR DISABILITY; • AN ASSESSMENT REPORT; • A STATEMENT OF THE SERVICES THEY WILL RECEIVE; • MAKE A COMPLAINT IF THEY ARE NOT HAPPY WITH ANY PART OF THE PROCESS. 2

WHAT IS AN INDEPENDENT ASSESSMENT OF NEED • AN ASSESSMENT OF THE FULL RANGE OF A CHILD’S NEEDS ASSOCIATED WITH HIS/HER DISABILTY. • ASSESSMENT IS CARRIED OUT REGARDLESS OF THE COST OR AVAILABILITY OF SERVICES, • CONDUCTED IN LINE WITH THE STANDARDS DEVELOPED BY THE HEALTH INFORMATION AND QUALITY AUTHORITY (HIQA) 3

DISABILITY ACT 2005 ELIGIBILITY CRITERIA Disability “a substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment” 4

DISABILITY ACT 2005 ELIGIBILITY CRITERIA Substantial Restriction is a restriction which, (a) is permanent or likely to be permanent, results in significant difficulty in communication, learning or mobility or in significantly disordered processes and (b) gives rise to the need for services to be provided continually to the person whether or not a child or, if the person is a child, to the need for services to be provided early in life to ameliorate the disability. 5

TIME FRAMES • APPLICATIONS ACKNOWLEDGED WITHIN 14 DAYS • COMMENCEMENT DATE - NOT LATER THAN THREE MONTHS FROM RECEIPT OF COMPLETED APPLICATION • ASSESSMENTS TO BE CONCLUDED WITHIN THREE MONTHS OF COMMENCEMENT DATE • IN EXCEPTIONAL CIRCUMSTANCES, THE ASSESSMENT MAY TAKE LONGER THAN THREE MONTHS BUT MUST BE COMPLETED AS SOON AS POSSIBLE.

WHO CAN APPLY • PARENT • GUARDIAN OR PERSON IN LOCO PARENTIS • LEGAL REPRESENTATIVE • ADVOCATE ASSIGNED BY THE CITIZEN’S INFORMATION BOARD • AN EMPLOYEE OF THE HSE

MAKING AN APPLICATION • NATIONAL STANDARDISED APPLICATION FORM • CONSENT FORM Ø ACCESS TO INFORMATION AND FILES Ø SHARING OF INFORMATION (AVAILABLE FROM YOUR LOCAL HEALTH OFFICE)

THE ASSESSMENT OFFICER • INDEPENDENT IN THEIR STATUTORY FUNCTION • FIRST POINT OF CONTACT FOR THE ASSESSMENT OF NEED PROCESS • ENSURE THAT ASSESSMENTS ARE CARRIED OUT WITHOUT REGARD TO COST OR CAPICITY TO PROVIDE FOR NEEDS IDENTIFIED • ENDEAVOUR TO ENSURE THAT ASSESSMENTS ARE CARRIED OUT IN A MANNER THAT CONFORMS TO STANDARDS AS PRESCRIBED BY HIQA* *Health Information and Quality Authority 9

THE ASSESSMENT OFFICER WILL ENDEAVOUR TO: • ASSIST APPLICANTS IN MAKING AN APPLICATION (WHERE NECESSARY) • ENSURE PAPERWORK IS IN ORDER • ACKNOWLDGE COMPLETED APPLICATION FORMS • SEEK RELEVANT REPORTS • ARRANGE TO MEET APPLICANT 10

THE ASSESSMENT OFFICER • DETERMINE ELIGIBLITY OR NOT AND INFORM APPLICANT, GIVING REASON FOR DECISION • DETERMINE ASSESSMENTS TO BE REQUESTED. • LIAISES WITH RELEVANT PROFESSIONALS, DISCIPLINES, AGENCIES AND OTHER STATUTORY BODIES AS REQUIRED • REQUESTS ASSESSMENTS. • MAKE ASSESSORS AWARE OF THE TIMEFRAMES APPLICABLE • MAINTAINS CONTACT WITH APPLICANT THROUGHOUT THE PROCESS. 11

Assessors • COMPLY WITH THE STANDARDS FOR ASSESSMENT OF NEED AS LAID DOWN BY HIQA • ENSURE ASSESSMENTS ARE CARRIED OUT WITHOUT REGARD TO RESOURCES BEING AVAILABLE TO PROVIDE RECOMMENDED SERVICES. • NOTIFY THE ASSESSMENT OFFICER OF ANY FURTHER ASSESSMENTS IDENTIFIED THE NEED FOR EDUCATIONAL PROVISION A DELAY IN PROCESSING THE ASSESSMENT AND THE REASON FOR THE DELAY. • ENDEAVOUR TO MEET THE TIMEFRAME WITHIN WHICH THE ASSESSMENTS NEED TO BE COMPLETED. 12

STANDARDS FOR THE ASSESSMENT OF NEED PROCESS IS GOVERNED BY THE HIQA STANDARDS FOR ASSESSMENT THE STANDARDS ARE INTENDED TO ENSURE THAT EACH ASSESSMENT OF NEED IS CONDUCTED IN A CONSISTENT MANNER IN ORDER TO IDENTIFY THE NEEDS OF THE PERSON BEING ASSESSED ACCURATELY AND EFFICIENTLY THE STANDARDS AIM TO PUT THE “PERSON” AT THE CENTRE OF THE ASSESSMENT OF NEED PROCESS 13

STRUCTURE OF THE STANDARDS • SIX STANDARDS – – PERSON CENTRED INFORMATION ACCESS TO THE ASSESSMENT OF NEED STAFF INVOLVED IN THE ASSESSMENT OF NEED PROCESS – COORDINATED ASSESSMENT OF NEED – MONITORING AND REVIEW 14

PERSON CENTRED APPROACH • PERSON IS CENTRAL AT ALL STAGES OF THE PROCESS • ASSESSMENT OF NEED FOCUSED AROUND THE PERSON • APPRECIATES THE PERSON AS AN INDIVIDUAL • FOCUSES ON OUTCOMES IMPORTANT TO HIM/HER. 15

INFORMATION • ACCURATE • COMMUNICATED EFFECTIVELY AND IN AN EASILY UNDERSTANDABLE AND TIMELY MANNER • POLICIES AND PROCEDURES ADDRESS ALL STAGES OF THE PROCESS AND ARE MADE KNOWN TO AND FOLLOWED BY STAFF • HELD IN A SECURE MANNER AND DEALT WITH IN CONFIDENCE 16

ACCESS TO THE ASSESSMENT OF NEED • WILL BE SIMPLE, EFFICIENT AND EASILY ACCESSIBLE • RESPONSIVE TO THE NEEDS OF THE PERSON • CONDUCTED IN A TIMELY MANNER • AND IN ACCORDANCE WITH LEGLISALATION • CONDUCTED IN AN ENVIRONMENT THAT IS SAFE AND ACCESSIBLE TO THE PERSON 17

STAFF INVOLVED IN THE ASSESSMENT TO NEED PROCESS • Garda Clearance • Suitably qualified, have relevant experience and conduct the Assessment of Need in accordance with professional codes of practice as set out by their professional bodies • Practice in a relevant field and keep up to date with evidence based developments • Receive appropriate induction, with emphasis on personcentred practice and multi-disciplinary approaches 18

STAFF INVOLVED IN THE ASSESSMENT TO NEED PROCESS • Be familiar with, and adhere to, policies and protocols and nationally agreed guidelines • Conduct Assessments of Need in a consistent manner and in accordance with nationally agreed guidelines 19

CO-ORDINATED APPROACH • Continuity in Assessment of Need • Multidisciplinary format used where appropriate • Were a number of Assessors are involved, work in a coordinated way to achieve a comprehensive Assessment of Need report • Appointments to be arranged in consultation with the applicants and planned with a view to minimising duplication • Promote and value equality and diversity 20

MONITORING AND REVIEW • Monitored by HIQA • Providers of Assessments of Need obliged to comply with standards • Standards will be reviewed and up-dated by HIQA in accordance with legislation 21

ASSESSMENT REPORT WILL STATE, • WHETHER A PERSON HAS A DISABILITY • THE NATURE AND EXTENT OF THE DISABILITY • THE HEALTH AND EDUCATION NEEDS ARISING FROM THE DISABILITY • THE SERVICES CONSIDERED APPROPRIATE TO MEET THOSE NEEDS AND THE TIMESCALE IDEALLY REQUIRED FOR THEIR DELIVERY • WHEN A REVIEW OF THE ASSESSMENT SHOULD BE UNDERTAKEN 22

SERVICE STATEMENT • SETS OUT THE HEALTH AND EDUCATION SERVICES THAT WILL BE PROVIDED TO THE PERSON. • THE SERVICE STATEMENT WILL BE PREPARED WITHIN ONE MONTH OF THE ASSESSMENT BEING COMPLETED. • YOU WILL RECEIVE YOUR CHILD’S ASSESSMENT REPORT AND SERVICE STATEMENT AT THE SAME TIME. 23

SERVICE STATEMENT WILL TAKE ACCOUNT OF, • THE ASSESSMENT REPORT • ELIGIBILITY CRITERIA FOR SERVICES • RELEVANT STANDARDS AND CODES OF PRACTICE • PRACTICABILITY OF PROVIDING THE SERVICE • THE FINANCIAL RESOURCES AVAILABLE 24

COMPLAINTS PROCEDURE • MUST BE MADE AS SOON AS IS REASONABLE BUT NOT LATER THAN THREE MONTHS AFTER THE DATE ON WHICH THE CAUSE OF THE COMPLAINT ARISES • 5 GROUNDS ON WHICH AN APPLICANT MAY CHOOSE TO MAKE A COMPLAINT 25

COMPLAINTS PROCEDURE 1. A DETERMINATION BY THE ASSESSMENT OFFICER THAT THE APPLICANT DOES NOT HAVE A DISABILITY 2. ASSESSMENT WAS NOT COMMENCED WITHIN THE TIME FRAME AND WAS NOT COMPLETED WITHOUT UNDUE DELAY 3. ASSESSMENT WAS NOT CONDUCTED IN A MANNER THAT CONFORMS TO THE STANDARDS (HIQA) 4. THE CONTENT OF THE SERVICE STATEMENT 5. FAILURE TO PROVIDE OR TO FULLY PROVIDE A SERVICE SPECIFIED IN THE SERVICE STATEMENT 26

APPEALS • IF YOU ARE UNHAPPY WITH THE OUTCOME OF THE COMPLAINT YOU MAY LODGE AN APPEAL TO AN INDEPENDENT DISABILITY APPEALS OFFIER. • APPEALS OFFICER’S DETERMINATION IS FINAL AND MAY ONLY BE APPEALED ON A POINT OF LAW TO THE HIGH COURT • A DETERMINATION AND A MEDIATED SETTLEMENT CAN BOTH BE ENFORCED IN THE SAME MANNER. 27

IN SUMMARY v Children born after 1 st June 2002 may be eligible to apply for an Independent Assessment of Need under the Disability Act 2005 where there is concern that the child may have a disability. v Application Form may be requested from the Assessment Officer based in your area. v Eligibility for assessment is determined. v Assessment Officer coordinates the child’s assessment. v Statutory timeframes apply to the Assessment of Need process. 28

IN SUMMARY v Assessment is carried out regardless of the cost or availability of services. v Assessment will be conducted in line with the Standards set by HIQA v Assessment Report (where applicable) sent to the Liaison Officer who will complete a Service Statement. v Applicant may make a complaint and may also appeal a decision of the Complaints Officer. 29

ASSESSMENT OFFICER CONTACT DETAILS • Mrs. Bernie Murphy, Assessment of Need Officer, HSE South, Waterford Community Services, Cork Road, Waterford. • Tel. Ph. No. 051 842983 • Email: bernie. murphy 2@hse. ie FOR OTHER AREAS: CONTACT THE HSE INFOLINE: 1850 24 1850 OR CHECK OUT WWW. HSE. IE FOR A LIST OF LOCAL HEALTH OFFICES IN IRELAND. 30