Oireachtas Joint and Select Committees

Wednesday, 11 October 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Wards of Court: Discussion

9:00 am

Ms Mary Farrell:

One report outlined the different categories of people coming into wardship. Some are older people with dementia and others are in more traumatic situations. Some children have been injured at birth, some people sustained brain injuries following accidents and others have neurological disabilities. We deal with a wide range of people. Not all are in the same situation, but they have one thing in common which has brought them into wardship, namely, the lack of ability to make decisions about their affairs.

Having said that, the current system is peculiar in that a ward can apply to be discharged from wardship, but if one lacks capacity or needs support to do so, one will not have it and will not apply. It is a chicken-and-egg situation and people go around in circles.

Most people feel these people need some protection. They are very vulnerable. They are exposed to all sorts of situations. One could be in any setting with them and find they are vulnerable to exploitation, coercion or any other form of abuse. This can happen in settings where one would not expect, such as those involving professionals. It can be very difficult for families to keep track of all that. As Senator Black said, families are firefighting and taking care of people physically, ensuring they have the services they need and fighting with the HSE or other bodies to get services. It is a constant struggle.

Just because people are wards of court does not mean they will get anything more. In fact, there is an assumption that because a person is a ward of court, he or she has a lot of money and can afford to pay for all sorts of things. That may be the case in some of the higher awards. The situation is also very different for those receiving periodic payments.

Courts can be very frustrating for those who do not have access to a lot of funds. Sometimes accounts have to be shown to demonstrate that money is not available to pay for something. It is a constant loop of fighting an overall battle about funds, caring for people or being caught up in a situation which has occurred through a person's vulnerability. It is a constant struggle.

The concern for older parents is that when they are gone, the system will not have been set up properly. It is very difficult for us to pass information on and make plans for the future in the current circumstances, given that the wards of courts office still exists, the decision support service is not in place and funds are running out.

All of those factors make it impossible for us to plan for our child's future.

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