I propose to take Questions Nos. 867 and 869 together.
This Government is aware that some people with disabilities will require additional supports as their parent or primary carer ages, or in the case where their primary carers capacity to provide support is reduced. These supports are provided by the HSE and contracted service providers and are provided in a person-centred model of care which ensures dignity, respect and security for the individual.
There are currently a number of supports available to assist family carers in supporting their adult children with disabilities. These supports include day services, respite services, home support services, personal assistance and residential supports. These supports are provided in the community and are individualised to personal care needs, which aids in the continuity of care when an individual’s primary carer is no longer able to provide supports or advocacy.
These supports are aimed at supporting people with disabilities to remain in their family homes for as long as they and their families wish. However, the Department acknowledges that in many cases, a person with an intellectual disability may require full-time residential care in the case that their primary carer is no longer in a position to provide for their needs.
When an individual is referred to disability residential services, every effort is made by the HSE and local and regional health areas to ensure the provision of residential services for the service user is close to family and natural supports, and that each person’s own will and preference is considered when providing residential care. This helps to ensure continuity of friendships, routines, and social connections for adults with intellectual disabilities.
It is important to note in relation to advocacy, in line with the Assisted Decision-Making (Capacity) Act 2015, along with most of the Assisted Decision-Making (Capacity) (Amendment) Act 2022, individuals who require specialist disability services are supported to make their own decisions with advocacy supports through tiered decision support arrangements.
The Act represents a major change in the way capacity is viewed in the State, and realises Ireland’s ambitions to meet certain requirements under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the European Convention on Human Rights by placing individuals at the centre of decisions that affect them and providing for the necessary supports to enable persons with capacity difficulties to retain control over their own affairs and the decisions which affect them.
The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. Furthermore, it represents a crucial shift away from a ‘best interests’ approach to a rights-based approach to capacity, privileging a person’s will and preferences.
It is important to note that all residential centres are regulated by the Health Information and Quality Authority’s (HIQA). HIQA's disability inspection team is legally responsible for the monitoring, inspection, and registration of all designated residential centres for adults and children with a disability.
Inspections of Residential centres are carried out by HIQA to assess compliance with the Health Act 2007 (as amended), the Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013, and the Health Act 2007 (Registration of Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013.
There are a number of Regulations that pertain to person centred supports including:
• Under Regulation 13(2)(b) The registered provider shall provide the following for residents; opportunities to participate in activities in accordance with their interests, capacities and developmental needs.
• Under Regulation 09(2)(b) The registered provider shall ensure that each resident, in accordance with his or her wishes, age and the nature of his or her disability has the freedom to exercise choice and control in his or her daily life.
• Under Regulation 09(2)(d) The registered provider shall ensure that each resident, in accordance with his or her wishes, age and the nature of his or her disability has access to advocacy services and information about his or her rights.
HIQA’s monitoring and inspection of these regulations aids in ensuring that people who live in designated residential centres for people with disabilities are supported to make decisions about their own daily lives. These supports assist in aiding people with disabilities to have autonomy and to advocate for themselves in line with their will and preference.