Oireachtas Joint and Select Committees

Thursday, 4 May 2023

Joint Oireachtas Committee on Disability Matters

Rights-Based Behaviour Analysis and Support: Discussion

Mr. Alan Tennyson:

I will start with consent and assent. Assent in behaviour analytic practice, even for those without a voice, means that they continue to engage. In the case of Ms O’Keefe and her child who walks away when they are no longer interested, that is the assent-based process. They are moving away from this because they no longer want to engage in it. Assent-based practice is forming a mainstay of behaviour analytic practice and its evidence base is getting stronger. That is where learning takes place - when someone wants to engage in the learning.

Consent is different because a person can consent to do something at one point and then not engage in it later. We want to see both consensual practice and assent-based practice. The Assisted Decision-Making (Capacity) Act is vital. It is very welcome in supporting a community, members of whom may have impairment around their decision-making or the required support of that Act. It is very important for us. It clarifies that decision-making and some of the matters Deputy Ellis touched on earlier. It puts the rights of the person at the forefront and provides that any decisions by the person and his or her decision-maker reflect the will and preference of that person. We really want to see behaviour acknowledged as will and preference. Where Dr. Mulhern’s young man is very unhappy in school and is expressing that through his behaviour, that should be addressed as will and preference. Dr. Mulhern is able to support that young man to develop skills and now he is happy in school because he can express his needs. Again, that is him expressing his will and preference. It is very much tied. We are looking forward to working more on assisted decision-making in the years to come.

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