The State has spent over €23 million in legal costs arising from Assessments of Need (AON) challenges since 2021, new figures have revealed.
Under the Disability Act 2005, parents can take a case against the HSE if they do not receive an assessment report for their child with special needs within a six-month timeframe, if they are unhappy with the outcome of the assessment or if they feel the service was below par.
An AON is a formal legal process carried out by the HSE to identify a child's health and educational needs stemming from a disability, and to determine the appropriate public services required to meet those needs.
However, there are too few specialists in the system and lengthy waiting lists have become the norm.
So far this year, total legal costs for the State stemming from AON challenges amount to €5.6 million, while for the whole of 2025, they totalled €7.2 million.
This figure steadily grew in each of the preceding four years. 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 and €4 million in 2024.
The figures were revealed in response to a parliamentary question from Sinn Féin TD and chair of the Public Accounts Committee John Brady.
In the correspondence, the HSE said it has struggled to achieve compliance within the six-month statutory timeframe.
It said legal costs arising from AON cases comprise of two categories - costs paid to HSE solicitors and counsel, as well as third-party legal costs discharged by the State Claims Agency (SCA).
At the end of each year, the HSE reimburses the SCA for third-party costs.
This means the State is not only paying for its own legal counsel, but also those of the winning side.
It is also paying the costs incurred by legal firms representing families trying to uphold their child's legal rights.
Mr Brady said the figures were an "insult to every family waiting for the basic supports their children deserve".
He said: "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 invested in additional staff and resources to ensure assessments are completed in a timely manner, and supports made available where necessary."
Figures provided to RTÉ News earlier this year show how the Government has missed its own target for completed Assessments of Need over a two-and-a-half-year period by 5,600.
The Government has previously intimated it believes the system is no longer fit for purpose.
In a statement, the Department of Children, Disability and Equality said the Government is committed to reforming the assessment of needs system to reduce waiting times.
It said the General Scheme of the Disability (Amendment) Bill 2026 to reform the assessment of needs system was approved by Government last December.
It said draft legislation will be brought to Government for approval in the autumn.
The Department said this will ensure there are clearer guidance and supports in place in the AON process to make it more efficient, reduce delays and allow therapists to spend more time delivering services to children.
The HSE meanwhile said it recognised that assessments of needs were taking too long to complete and that reducing waiting times remained a priority.
It said that current demand for assessments of needs has continued to exceed available capacity.
It said several national initiatives were under way to strengthen the process and improve timely access to assessment and diagnosis.
The SCA said it manages claims for legal costs arising from third party legal costs on assessment of needs cases, paying the amounts agreed and seeking reimbursement from the HSE.
