Commission to Appear as Amicus Curiae in Disability Rights Case
The Irish Human Rights and Equality Commission (‘the Commission’) has been granted leave from the Court of Appeal to exercise its amicus curiae (‘friend of the court’) function in a case of a young boy with a disability. The case concerns a boy, anonymised in the case as ‘OB’ who was referred to the HSE for an Assessment of Needs under the Disability Act 2005. The boy’s parents contend that the Assessment of Needs the HSE conducted was incomplete because, while it determined that OB has a disability and referred him to supports and services appropriate to his presenting behaviours, it did not make a specific medical diagnosis nor did it name the disability. This situation arose because the HSE’s new Standard Operating Procedure (“SOP”) in operation since January 2020, treats the question of whether a child’s presenting behaviours meet the criteria for a particular diagnosis as a separate matter to the question as to whether the child has a disability as defined in the Act. The case, OB v. HSE, is expected to determine whether the HSE’s SOP meets the full disability assessment requirements of the Disability Act 2005. In seeking to appear as Amicus Curiae, the Commission informed the Court of Appeal that the case raises questions about the SOP’s compliance with Ireland’s obligations under the UN’s Convention on the Rights of Persons with Disabilities (CRPD). The Commission brings significant experience to this case, acting as it does as the Independent Monitor for Ireland’s obligations under the CRPD. Sinéad Gibney, Chief Commissioner of the Irish Human Rights and Equality Commission stated:“Having your disability recognised is an integral part of the assessment of needs process, which can open the door to access vital services and supports. “The kind of medical assessment and medical definition of disability under the 2005 Act unfortunately doesn’t consider the wider societal structures that disabled people deal with. The reform of that mind-set and approach must be part of our wider discussion beyond the courtroom, to progress how we as a society view and engage with disability. “We hope that the Court will clarify whether the HSE’s relatively new SOP complies with its obligations under the Disability Act 2005, under the CRPD and with its obligations to disabled children in the Assessment of Needs process. “The Commission will bring to bear our own expertise on the legal rights of persons with disabilities and Ireland’s national and international obligations to disabled people to assist the court in this important case.”ENDS/ For further information, please contact: Brian Dawson, IHREC Communications Manager, 01 8589601 / 087 0697095 bdawson@ihrec.ie Follow us on twitter @_IHREC