Disability Act 2005

Service statement.

11

11.—(1) The Executive shall authorise such and so many employees of the Executive as it considers appropriate (referred to in this Act as “liaison officers”) to perform the functions conferred on liaison officers by this Part.

(2) Where an assessment report is furnished to the Executive and the report includes a determination that the provision of health services or education services or both is or are appropriate for the applicant concerned, he or she shall arrange for the preparation by a liaison officer of a statement (in this Act referred to as “a service statement”) specifying the health services or education services or both which will be provided to the applicant by or on behalf of the Executive or an education service provider, as appropriate, and the period of time within which such services will be provided.

(3) A liaison officer may request such persons as he or she considers appropriate (including the Council) to assist in the preparation of a service statement.

(4) ( a) Where it appears to a liaison officer that the Council could by taking specified action assist in the preparation of a service statement, in the identification of an appropriate education service provider or in the provision of an education service specified in a service statement, he or she shall, by notice in writing, request the Council to take that action in the manner specified in the notice.

( b) Before making a request under paragraph (a), a liaison officer shall consult with the Council.

( c) The Council shall comply with a request under paragraph (a) unless it considers that—

(i) the assistance concerned is not required,

(ii) such compliance would not be consistent with its functions or would unduly prejudice the performance of any of its functions, or

(iii) having regard to the resources available to it, it is not reasonable for it to comply with the request.

( d) Where the Council decides not to comply with a request under paragraph (a), it shall give notice in writing, without undue delay, to the liaison officer concerned of the decision and the reasons therefor.

(5) The liaison officer may appeal a decision of the Council under subsection (4) to the appeals board who may direct the Council to comply with the request or dismiss the appeal and the Council shall comply with a direction of the board.

(6) A service statement shall not contain any provisions relating to education services where the subject of the statement is a child.

(7) Without prejudice to the generality of subsection (2), in preparing a service statement the liaison officer concerned shall have regard to the following—

( a) the assessment report concerned,

( b) the eligibility of the applicant for services under the Health Acts 1947 to 2004,

( c) approved standards and codes of practice (if any) in place in the State in relation to the services identified in the assessment report,

( d) the practicability of providing the services identified in the assessment report,

( e) in the case of a service to be provided by or on behalf of the Executive, the need to ensure that the provision of the service would not result in any expenditure in excess of the amount allocated to implement the approved service plan of the Executive for the relevant financial year,

( f) the advice of the Council, in the case of a service provided by an education service provider, in relation to the capacity of the provider to provide the service within the financial resources allocated to it for the relevant financial year.

(8) A service statement shall be prepared and a copy thereof shall be furnished to the applicant, the Executive, and, if appropriate, the chief executive officer of the Council and the head of the education service provider concerned without undue delay.

(9) A liaison officer may, if he or she considers it proper to do so having regard to any change in the circumstances of the applicant concerned or to any change in respect of the matters referred to in subsection (7), amend a service statement and shall furnish a copy of the amended statement to the applicant, to the Executive, and, if appropriate, to the chief executive officer of the Council and the head of the education service provider concerned.

(10) A service statement amended under subsection (9) shall take effect on such date as may be specified in the statement by the liaison officer concerned.

(11) A liaison officer shall invite the applicant or a person referred to in section 9(2) to meet with him or her for the purpose of reviewing the provision of services specified in the applicant's service statement.

(12) A liaison officer shall arrange with the person or persons charged with delivering the services specified in the service statement for the delivery of the services at such times and in such manner as he or she may determine.

(13) In relation to an education service identified in the service statement, the Council shall assist a liaison officer in the performance of his or her functions under subsection (12) when requested to do so by the officer.