Ms Geraldine Hurley:

We thank the Chairman for the invitation to appear before the committee and we look forward to discussing the role of the Courts Service in relation to the wards of court system and the management of funds on behalf of wards of court. This matter has been the subject of consideration by the Committee of Public Accounts since 2001, most recently in July of this year. At all times, the Courts Service has engaged and co-operated with the Committee of Public Accounts and with Members of the Oireachtas in addressing matters raised. We have also responded to queries for information from individual members of the Justice for Wards group, in their capacity as committee for wards of court.

The Office of Wards of Court is an office of the Courts Service attached to the High Court. The Courts Service is responsible for the management and administration of this office. However, as the committee is aware, the administration of justice is a matter for the Judiciary and is outside the scope of the functions of the Court Service. The committee will appreciate therefore, that in our discussions with it today, we are precluded from commenting on any matter relating to the exercise by a judge of his or her judicial functions or on individual wardship cases. We are also precluded from commenting on matters of Government policy.

The wards of court system allows for substitute decision making. The court, usually the High Court, may make decisions necessary for the protection of both the person and the property of persons who do not have full capacity to manage their affairs. Wardship jurisdiction is vested in the President of the High Court and accordingly he has overall responsibility for the management of the affairs of wards of court. The Office of Wards of Court, headed by the registrar of wards of court, manages the day-to-day administration of wardship cases. A committee, usually a member of the ward’s family, is appointed by the court and is asked to make recommendations in relation to matters such as the ward’s welfare, property and future residence. The General Solicitor for Minors and Wards of Court is also a court official, attached to the High Court, who is appointed by the President of the High Court to act as a committee for a number of wards. This usually occurs where there is no family member who is willing or suitable to act in that capacity. Approximately 25% of cases fall into that category.

Over 2,600 wards of court cases are managed by the Office of Wards of Court and the Office of the Accountant of the Courts of Justice. People may become wards of court as a result of dementia or other age-related illnesses. Approximately 75% of cases fall in this category. Approximately 10% of cases are the result of damages awarded by the courts for catastrophic injuries. In 2016, there were 311 new declarations of wardship. As previously outlined, the legislation governing persons who are wards of court dates back to 1871. It has been recognised for some time that the law in this area needed update and reform. As a consequence, the Assisted Decision-Making (Capacity) Act 2015 was enacted to provide a reformed legislative framework for persons who lack capacity. The Act provides for greater individual autonomy by minimising external intervention in the life and affairs of the relevant persons. From the date of commencement of the Act, no new wards of court will be declared. All existing adult wards will be discharged from wardship within three years by order of the court. After the transitional period of three years, the Office of Wards of Court will no longer have a role in managing the affairs of wards of court, other than minors. During this three year period, the Office of Wards of Court will continue to exercise its existing functions in respect of persons who are wards of court, while at the same time reviewing the files of all wards and consulting with wards and their committees.

Primary responsibility for implementing these new statutory provisions rests with the Department of Justice and Equality and the Department of Health. Work is ongoing in establishing the new assisted support service which will be responsible for managing the new decision-making regime under the auspices of the Mental Health Commission. The Courts Service is represented on the interdepartmental steering group working on the establishment of the decision support service and is working with the steering group and closely with relevant Departments in the transition to the new system.

On the provision of annual financial statements to each ward, which was mentioned previously, up to now, in all cases where committees request information, comprehensive financial information issues from the Office of Wards of Court or the accountant's office. More recently, in addition, we have now commenced issuing annual statements to committees of all wards of court. Some 120 statements have issued in recent weeks. All committees will receive statements over the coming months and these will issue automatically thereafter. I ask my colleague, Mr. Sean Quigley, head of resource management and accountant of the Courts of Justice, to deal with matters relating to the investment of wards' funds.