Written answers

Thursday, 3 October 2024

Department of Children, Equality, Disability, Integration and Youth

Assisted Decision-Making

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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157. To ask the Minister for Children, Equality, Disability, Integration and Youth the number of adult wards 'discharged completely from wardship or to the Decision Support Service for a support service since April 2023. [39583/24]

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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158. To ask the Minister for Children, Equality, Disability, Integration and Youth the number of applications made to the Decision Support Service for a decision-making representative, a co-decision-making agreement, and decision-making assistant agreement. [39586/24]

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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159. To ask the Minister for Children, Equality, Disability, Integration and Youth the number of family members appointed as a decision-making representative for a relevant person. [39587/24]

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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160. To ask the Minister for Children, Equality, Disability, Integration and Youth the number of Decision Support Service decision-making representative, DMR, panel members appointed as DMRs. [39588/24]

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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161. To ask the Minister for Children, Equality, Disability, Integration and Youth the number of applications the Decision Support Service has received from the HSE for decision-making representatives. [39589/24]

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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I propose to take Questions Nos. 157 to 161, inclusive, together.

On the 26th of April 2023 I commenced the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act), along with the Assisted Decision-Making (Capacity) (Amendment) Act 2022, bringing an end to wardship in the State for adults by repealing the Lunacy Regulation (Ireland) Act 1871 and replacing the wards of court system with the new process for appointing tiered decision support arrangements that is now in effect. The Decision Support Service (DSS) commenced its operations in April 2023 and has statutory responsibility for the operation of many of the provisions of the Act.

The DSS is responsible for the processing of certain decision support arrangements under the 2015 Act, including Enduring Powers of Attorney (EPAs), Co-Decision-Making Agreements (CDMAs) and Decision-Making Assistance Agreements (DMAAS). The DSS does not receive applications for the appointment of decision-making representatives (DMRs), rather these applications are made to the Court.

The following sets out the information requested by the Deputy:

As of 1st October 2024, the total number of registered co-decision making agreements (CDMAs) is 51. In addition to this, there are 324 applications at various stages of progress. A further 51 applications have been submitted and are currently being reviewed by the DSS.

The total number of notified decision-making assistant agreements (DMAAs) is 38. In addition to this, there are 690 applications at various stages of progress. A further 44 applications have been submitted and are currently being reviewed by the DSS.

877 decision-making representative (DMR) applications have been made to the Circuit Court to date.

Since April 2023 the total number of wards of court who have been discharged from wardship is 73, with 14 of those being discharged with capacity, 4 moving to a CDMA arrangement, and 55 having a DMR put in place.

The Courts Service does not record figures on the relationship between a relevant person and their decision-making representative.

There are at present 118 decision-making representation orders appointing DSS panel members as DMRs. In a small number of cases, more than one panel member has been appointed, so there are 125 distinct panel appointments in these 118 orders. This figure does not include any panel members who are not currently active as a DMR, or any panel member DMRs appointed by the court under an order that has not yet been notified to the DSS.

The Courts Service does not distinguish between different types or categories of applicants, therefore the number of DMR applications made by the HSE is not immediately available. However, the HSE may hold a record of this information and I will be happy to revert to the Deputy with this information in due course.

More information on the operation of the Act is available on the Decision Support Service Website: decisionsupportservice.ie/

My Department will continue to support the DSS in discharging its statutory function in raising awareness around the operation of the new system of rights based decision supports.

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