Sinn Féin TD for Wicklow and Chair of the Public Accounts Committee (PAC), John Brady has described as ‘an insult’ the revelation that the state spent over €23 million in legal costs arising from Assessments of Need (AON) challenges since 2021.
The new HSE information obtained by Deputy Brady shows that costs have steadily grown each year – from April 2021, the State spent just over €870,00 in legal costs that year, followed by a total of €1.9 million in 2022, €3.3 million in 2023, €4 million in 2024, €7.2 million in 2025, and €5.6 million so far this year.
Teachta Brady said:
“The fact that the State has spent over €23 million since 2021 dealing with legal challenges arising from failures to complete assessments of need within the statutory timeframe is an insult to every family waiting for the basic supports their children deserve.
“Instead of properly resourcing the assessment of need process and ensuring that children receive timely assessments and access to the supports they need, the Government has allowed a situation to develop where families are forced to fight the system simply to vindicate their children’s rights.
“What is particularly concerning is that these costs appear to be rising year on year, while the State continues to fail to fulfil its most basic statutory obligations.
“This money being spent responding to legal challenges, should instead be being invested in additional staff and resources to ensure assessments are completed in a timely manner, and supports made available where necessary.
“This echoes the previous revelation that since 2022 the Department of Education has spent over €2 million on legal costs and court settlements in cases involving families seeking appropriate school places for their children.
“Parents are exhausted from constantly having to fight the system.
“Waiting months or years for an assessment of need can have a profound impact on a child and their family, particularly when that assessment is their only route to accessing vital therapies, educational supports and other services.
“The six-month timeframe for an AON is not an optional target. It is a statutory obligation.
“The Government must deliver a clear, long-term commitment to properly resource the assessment of need process, reducing waiting times and ensuring that every child receives their assessment within the timeframe required by law.
“Families should not have to take the State to court to secure something they are already legally entitled to.
“The Government needs to stop paying for the consequences of systemic failure and start investing in a system that works.”