Dáil Éireann Debate, Tuesday - 7 October 2025
538. Deputy Barry Ward asked the Minister for Children, Disability and Equality further to Parliamentary Question No. 2408 of 29 July 2025, to detail the reports on the monitoring and oversight taking place since April 2025 regarding the transfer of wards of courts to the decision support service; and if she will make a statement on the matter. [53649/25]
Amharc ar fhreagraI thank the Deputy for their question regarding the discharge of all wards of court from wardship and their transition to appropriate decision support arrangements under the Assisted Decision-Making (Capacity) Act, 2015 and under the supervision of the Decision Support Service (DSS).
Under Part 6 of the 2015 Act, the wardship court is required to discharge all wards of court. While neither my Department nor the DSS have a direct role in this discharge process, my Department has engaged extensively with the Courts Service and the Wards of Courts Office since commencement of the Act in April 2023.
There are three possible outcomes for an adult ward upon discharge from wardship. They may have a decision-making representation order put in place which enables a decision-making representative to take decisions on behalf of the relevant person, in line with the relevant person’s known will and preference; a co-decision-making agreement may be put in place, which enables a co-decision-maker to jointly make decisions with the relevant person; or the ward may be fully discharged if it is deemed by the wardship court that they do not lack capacity.
The DSS registers, oversees and supervises decision support arrangements to ensure that they are operating as intended. As part of this oversight and supervisory function, the DSS requires that annual reports be submitted by decision supporters to ensure they are acting within the scope of the decision support arrangement and with regard to the adult's known will and preferences. A complaints mechanism is also available should there be concerns about the operation of an arrangement.
My Department will continue to engage with the Courts Service, the DSS, and other stakeholders regarding the transfer of wards from wardship and into the new progressive system of decision support arrangements.
