I thank the Deputy for their question regarding the Assisted Decision-Making (Capacity) Act 2015.
Three types of tiered decision support arrangements were introduced under the 2015 Act, namely, decision-making assistance agreements (DMAAs), co-decision-making agreements (CDMAs) and decision-making representation orders (DMROs). Under the Act a DMRO is the highest tier of decision support arrangement available. A key objective of the 2015 was ensuring that all decision-making arrangements are tailored to the specific needs of the adult in line with their will and preferences.
As of the end of January 2026, there were 202 DMAAs notified to the DSS for legal effect. In addition, 185 CDMAs were registered by the DSS, as well as 2,014 DMROs.
It is important to note that under the 2015 Act, DMAAs and CDMAs are considered to be voluntary arrangements, and it is always the adult themselves who makes the appointment, choosing a person whom they know and trust and who is deemed suitable to carry out the functions required.
Neither the Decision Support Service nor the Courts Service hold figures on the number of DMAAs, CDMAs and DMROs where a parent or close family member have been appointed. In the case of CDMAs, Section 17(2) of the Act prescribes that a person is suitable to take on the role if they are a relative or friend who has had such close personal contact with the individual over such a period of time that a relationship of trust has been established.
I am advised by the Decision Support Service that current processing times for CDMAs are 10-12 weeks from date of submission of a full and complete application, which includes a 5-week statutory objection period.
I am further advised by the Courts Service that the median time from the date of issue of proceedings to the date a DMR Order was granted in 2025 was approximately 10 weeks.
A review of the operation and effectiveness of the 2015 Act is provided for under the legislation and is also a commitment in the Programme for Government. This review will take place in consultation with a wide range of stakeholders and will be informed by feedback from those with lived experiences of the provisions of the Act.
