Jim Daly (Cork South West, Fine Gael) | Oireachtas source

I will not comment on the specifics of the case because this is the first time I have become aware of it. However, I will give the Deputy and the House some general background information on wardships.

It is the policy of the Government to support older people to remain in their own homes and communities and maintain their independence for as long as possible. However, there will always be a cohort of people for whom this is not an option, despite the level of support that might be provided to them in their homes, and full-time nursing home care is best suited to meet their care needs. The nursing homes support scheme, also known as the fair deal, is a means-tested scheme of financial assistance for those who need long-term nursing home care, whereby participants contribute to the cost of their care according to their means while the State pays the balance of the cost. The aim of the scheme is to ensure that long-term nursing home care is accessible and affordable for everyone and that people are cared for in the most appropriate settings. Importantly, people can choose any approved nursing home, provided that it has availability and, of course, that it can cater for their needs.

There are circumstances where people require wardship when they are unable to make key decisions relating to their life choices. If such action is required, a key occasion will be when a person needs residential care services. In supporting such decisions and clarifying and resolving the person's finances, there is often a lengthy timescale involved. The HSE endeavours to support people through this time in the context of the agreement of the ward of courts, by addressing their care needs in the most suitable environment. In this context, some people will reside in residential care settings while the wardship arrangements are being organised. In many cases, an application for the nursing homes support scheme for funding to support long-stay care will be the outcome if long-stay care is the most appropriate care to be provided. The assisted decision-making legislation will provide a new set of arrangements in such cases once commenced and implemented.

While what I have just outlined reflects current practice, the Deputy may be interested to know that the Department of Health is currently drafting legislation to provide clarity on the issue of deprivation of liberty in nursing homes and other residential facilities. The deprivation of liberty safeguards will apply in circumstances in which it is proposed that a relevant person is to live in, or is already living in, a relevant facility and: he or she is or will be under continuous supervision and control; is not, or will not, be free to leave; there is reason to believe that the person lacks capacity to make a decision to live in the relevant facility. The Department recently carried out a public consultation on its draft legislative proposals and is currently analysing the submissions with a view to amending its draft heads of Bill as necessary. We intend to undertake this work as quickly as possible, while also ensuring that the system we are developing will work in practice and will provide sufficient safeguards in accordance with the requirements of international law, domestic law and relevant jurisprudence.

I thank the Deputy for raising this issue. The Assisted Decision-Making Capacity Act 2015 will ultimately replace the current wards of court system. This will provide a new set of arrangements once implemented.

See this speech in context