Dáil debates
Tuesday, 17 June 2025
Ceisteanna Eile - Other Questions
Disability Services
10:30 am
Catherine Callaghan (Carlow-Kilkenny, Fine Gael)
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77. To ask the Minister for Children, Equality, Disability, Integration and Youth the extent to which parents of adult children with a disability are consulted with regard to a future plan for their child; and if she will make a statement on the matter. [32193/25]
John Clendennen (Offaly, Fine Gael)
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I would like an update on the extent to which parents or next-of-kin of adult children with a disability are consulted on future care and the provision they receive.
10:40 am
Hildegarde Naughton (Galway West, Fine Gael)
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I thank the Deputy. On 26 April 2023, the Assisted Decision-Making (Capacity) Act 2015, along with most of the Assisted Decision-Making (Capacity) (Amendment) Act 2022, were commenced, replacing the wards of court system. That Act places individuals at the centre of decisions that affect them and provides for the necessary supports to enable persons with capacity difficulties to retain control over their own affairs and the decisions that affect them. One of the principles of the Act is that a person is presumed to have capacity to make a decision unless it is shown otherwise. A third party, such as a parent or other family member, does not have an automatic entitlement to be involved. Where a person’s capacity to make a particular decision is in question, or may shortly be in question, their capacity is assessed specifically regarding that decision. This is known as a functional capacity assessment, whereby capacity is assessed on an issue- and time-specific basis. A person may lack capacity to make one decision but have capacity to make another decision. All practicable steps must be taken to help the relevant person whose capacity is being called into question to make their own decisions, and the relevant person’s capacity to make a specific decision must only be assessed if they are still unable to make the decision after such supports have been provided. Service providers must work to enable a person to make their decision through the use of supports appropriate to their capacity to make that decision. Where persons lack decision-making capacity and require decision-making supports to meet their ongoing needs, they can seek to put in place a decision support arrangement under the Assisted Decision-Making (Capacity) Act 2015. The HSE has prepared a suite of person-centred plan resources for people with a disability, their families and service providers across adult disability services. I am not sure if that is what the Deputy specifically referred to, but that is the recent Act.
John Clendennen (Offaly, Fine Gael)
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I thank the Minister of State. The future and provision of care as to how a parent's or guardian's loved ones will be looked after, particularly after they have passed, is something that keeps people up at night. The appointment of decision-making capacity and assistance with it is important, but there needs to be an element of understanding that the next of kin, where there is one, is given the opportunity to assist in that regard. What we do in the present will give a sense of confidence as to what will happen in the future. One issue that has been raised with me frequently in recent times is the wait times for assessment and delays in applications for people who are already in a healthcare setting, particularly where someone is in a residential care setting for the elderly, but may be of a younger age and may not need a facility to that extent, and are not stimulated or motivated by it. We need to ensure that we are giving confidence to loved ones within families in that regard to ensure their more vulnerable family members are being adequately looked after.
Hildegarde Naughton (Galway West, Fine Gael)
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As the Deputy was speaking, I was reminded of people in a similar situation who have come into my constituency office. Often they are parents who have a grown-up adult child. Their question is what will happen to their child when the parents pass away. We cannot always answer those questions, but they will be looked after. It is all about this forward planning and having the data.
As the Deputy knows, we are working on a national disability strategy, which will published over the coming weeks. These are the questions I want us to be able to answer during the term of this Government and to set out a vision regarding these services, to make sure that families and people with disabilities know where they are going and have that person-centred plan in place. On 29 May 2024, the HSE launched a suite of person-centred plan resources for people with disabilities, their families and service providers. That was a good learning module. It is something we want to do, but we need the data to forward plan and to know. We need a mapping exercise across the country regarding the facilities within the Deputy's county and my county in order that people know where they can go for day or residential care. We have to look toward independent living.
John Clendennen (Offaly, Fine Gael)
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I acknowledge the efforts the Minister of State has made in this area. I recently met with the Muiríosa Foundation. The work it does in this space is commendable and is very welcome in terms of the initiatives it is bringing forward, particularly to encourage individuals with a disability into the workplace, into education and into different services. There is an element of needing to ensure there is an adequate service there to meet that level of dependency. Local employers are providing a couple of hours of work a day to get people out of the house and give them a sense of routine. It is rewarding for more than just the individual who is receiving that opportunity to get into the workplace. We need to see more initiatives such as that. Everything we do in this space today will reassure those family members of the days in the future when they may not necessarily be around to look after them. I acknowledge the work the Minister of State has done, but the timeframe for assessment, such as psychiatric reports from doctors or otherwise, needs to be done in a timely manner. We need to continue to work on the services that we are providing.
Ruairí Ó Murchú (Louth, Sinn Fein)
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It is a huge issue for families who want to plan for their child with a disability. As we know, many of them are dealing with children who have huge challenges. I agree with the Deputy that we have all dealt with issues where it relates to the bureaucracy. There is an issue in ensuring that assessments are made within a decent time. We know that a number of people, agencies and whoever else have had issues where cases have had to be resolved by court, and we are talking about log-jammed court system. What is being doing with regard to reviewing this process to streamline it and make it work for everybody? We want to be able to support the person with a disability, but we also need to make sure that we have a system that is fit for purpose and that we engage with all necessary stakeholders, particularly when we are talking about families who provide huge support, alongside those who work within the services as well. We do not need what we intend to be a solution to become a problem.
Hildegarde Naughton (Galway West, Fine Gael)
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Both Deputies have raised important points. For example, when somebody is leaving the school setting, there needs to be a transition. We are doing work in that regard. The person-centred plan has been developed with each person, his or her family and his or her support person, looking at ensuring that this person with a disability is making informed choices about what he or she wants to do, be it a job, training or a day service. A few weeks ago, the Ministers, Deputies Foley and Calleary, and I launched the wage subsidy scheme, which incentivises employers to employ people with disabilities. Sometimes that is the obstacle. At other times, the obstacle is the transport for the person to get to the job and the job is not the issue. That is why this national disability strategy that we are working on will include areas such as this regarding transitions from school into the workplace and day centres and how we can support people to be able to live independently in their own homes, to get a job and to make their own personal choices. I take on board the issues the Deputies raised regarding timely assessments. I will be following up on that.