Barry Ward (Dún Laoghaire, Fine Gael)
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536. To ask the Minister for Children, Disability and Equality further to Parliamentary Question No. 2408 of 29 July 2025, the position regarding the work ongoing with various groups (details supplied) to address their concerns regarding the decision support service; and if she will make a statement on the matter. [53647/25]

Barry Ward (Dún Laoghaire, Fine Gael)
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537. To ask the Minister for Children, Disability and Equality if her attention has been drawn to the comments of the President of the High Court in relation to decision support service (details supplied); and if she will make a statement on the matter. [53648/25]

Hildegarde Naughton (Galway West, Fine Gael)
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I propose to take Questions Nos. 536 and 537 together.

The Assisted Decision-Making (Capacity) Act 2015 marked a milestone moment in Ireland, bringing about 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 place.

The abolition of wardship and the move towards a rights-based model of tiered supports is a landmark legal reform in how Ireland approaches persons with capacity difficulties, however, it has also necessitated change and reform on a significant scale and I recognise that this transition has caused a degree of concern amongst some wards, committees of wards and other stakeholders. My officials have met with stakeholders and will continue to engage to understand and address those concerns.

As outlined in my response to Parliamentary Question No. 2408 of the 29th of July, the Office of the Wards of Court has responsibility for managing the discharge from wardship process. The Decision Support Service has collaborated with colleagues in the Office of Wards of Court and the Office of the General Solicitor to provide information and assistance for the benefit of wards, their families and committees and for professionals. This includes information about post-wardship supports and potential future engagement with the Decision Support Service following discharge from wardship.

As part of its statutory functions to promote awareness and understanding about the 2015 Act generally, the Decision Support Service has published information on its website at: decisionsupportservice.ie/resources/wards-court, with links to other useful resources

The Courts Service website also contains useful information on the discharge process.

My Department will continue to work to address the concerns of wards, their committees and wider stakeholders as wards move to the more progressive, rights-based system of supported decision-making.

Barry Ward (Dún Laoghaire, Fine Gael)
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538. To ask the Minister for Children, Disability and Equality further to Parliamentary Question No. 2408 of 29 July 2025, to detail the reports on the monitoring and oversight taking place since April 2025 regarding the transfer of wards of courts to the decision support service; and if she will make a statement on the matter. [53649/25]

Hildegarde Naughton (Galway West, Fine Gael)
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I thank the Deputy for their question regarding the discharge of all wards of court from wardship and their transition to appropriate decision support arrangements under the Assisted Decision-Making (Capacity) Act, 2015 and under the supervision of the Decision Support Service (DSS).

Under Part 6 of the 2015 Act, the wardship court is required to discharge all wards of court. While neither my Department nor the DSS have a direct role in this discharge process, my Department has engaged extensively with the Courts Service and the Wards of Courts Office since commencement of the Act in April 2023.

There are three possible outcomes for an adult ward upon discharge from wardship. They may have a decision-making representation order put in place which enables a decision-making representative to take decisions on behalf of the relevant person, in line with the relevant person’s known will and preference; a co-decision-making agreement may be put in place, which enables a co-decision-maker to jointly make decisions with the relevant person; or the ward may be fully discharged if it is deemed by the wardship court that they do not lack capacity.

The DSS registers, oversees and supervises decision support arrangements to ensure that they are operating as intended. As part of this oversight and supervisory function, the DSS requires that annual reports be submitted by decision supporters to ensure they are acting within the scope of the decision support arrangement and with regard to the adult's known will and preferences. A complaints mechanism is also available should there be concerns about the operation of an arrangement.

My Department will continue to engage with the Courts Service, the DSS, and other stakeholders regarding the transfer of wards from wardship and into the new progressive system of decision support arrangements.