Written answers

Tuesday, 5 December 2017

Department of Justice and Equality

Wards of Court

Photo of Eamon ScanlonEamon Scanlon (Sligo-Leitrim, Fianna Fail)
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234. To ask the Tánaiste and Minister for Justice and Equality if funding for an office (details supplied) will be increased; and if he will make a statement on the matter. [51541/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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As the Deputy will be aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. 

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the General Solicitor's Office and the Wards of Court Office are offices attached to the High Court, accountable to the President of the High Court in the discharge of their legal functions as regards wards of court, with the Courts Service responsible for the management and administration of both Offices. The main funding commitment and resource in both offices are the staff assigned by the Courts Service and currently there are 20.1 whole time equivalent staff assigned to the Wards of Court Office, while the General Solicitor's Office has 14.4 whole time equivalent staff.

I am advised by the Courts Service that both offices were assigned additional staff since 2016 to assist with the increasing number of cases and that, as with all Court offices, staffing assigned is kept under review to ensure that caseloads are effectively managed.

As the Deputy may be aware, the legislation governing persons who are wards of court dates back to 1871 and it has been recognised for some time that reforms were needed to update the law in this area. Therefore the Assisted Decision-Making (Capacity) Act 2015 has been introduced to provide a modern statutory framework to support decision-making by adults with capacity difficulties. 

Part 6 of the 2015 Act provides that adults currently in wardship will transition to the new decision-making support arrangements provided for in the Act on a phased basis over 3 years from the commencement of Part 6 of the Act. Once Part 6 is operational, each ward will be reviewed by the wardship court in accordance with the new system. A ward who is found to have capacity will be discharged from wardship. A ward who continues to have capacity needs will be discharged from wardship and offered the decision-making support option most appropriate to his or her needs.

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