Minister of State Higgins welcomes Independent Report on the Effectiveness of the Director of the Decision Support Service
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The Minister of State with responsibility for Disability, Emer Higgins, has today welcomed the publication of an independent report commissioned by the Mental Health Commission on the effectiveness of the role of the Director of the Decision Support Service.
The Decision Support Service was established in April 2023 under the Assisted Decision-Making (Capacity) Act 2015 to ensure the rights, will and preferences of people who may have difficulty making decisions without help, are protected.
Since its establishment the Decision Support Service has registered over 7,000 decision support arrangements, including more than 5,000 Enduring Powers of Attorney and over 2,000 decision-making representation orders. Other arrangements put in place by individuals include decision-making assistant agreements and co-decision-making agreements.
The independent report sets out some of the notable strengths of the Decision Support Service, alongside some of the key challenges facing the Service.
Importantly, the report found that the role of the Director is effective and has been a major driver in the implementation of the 2015 Act. It also found that the statutory functions assigned to the Decision Support Service are working well.
The report also sets out a number of recommendations to address the challenges identified. These recommendations will inform an upcoming statutory review of the 2015 Act to be undertaken by the Department of Children, Disability and Equality.
Speaking about the publication of the report Minister Higgins said:
"This report marks an important step in ensuring that the Assisted Decision-Making (Capacity) Act 2015 continues to deliver on behalf of adults with capacity difficulties and that the Decision Support Service continues to deliver an accessible, effective and responsive service. It is of the utmost importance that the role of the Decision Support Service and the functions of Act meet the needs of those facing difficulties in making decisions for themselves. This statutory review of the role and effectiveness of the Decision Support Service highlights the very many strengths and achievements of the Decision Support Service since they commenced operations in April 2023.
The Decision Support Service has been pivotal in ensuring that adults are supported to maintain their dignity and autonomy in the face of diminished decision-making capacity, and to have their wishes respected. I look forward to continuing to support the Decision Support Service as they work to advance their operations and deliver this key service."
For anyone who wishes to find out more about the services offered by the DSS, information, including contact details, can be found on their website.
Notes to Editor
The Decision Support Service, as a function of the Mental Health Commission, provides an important service for people who face diminished capacity and require support exercising their decision-making capacity, through the registration and oversight of decision support arrangements. They also provide information and support in respect of their functions under the Assisted Decision-Making (Capacity) Act 2015. Persons who benefit from a decision-making support arrangement may include, but are not limited to, people with an intellectual disability, acquired brain injury, mental health difficulty, or dementia. There is also a facility for all adults to plan ahead for a time when they might lose their capacity, to ensure that their wishes are respected.
Section 102(3) of the Assisted Decision-Making (Capacity) Act 2015 provides that the Mental Health Commission must submit to the Minister for Children, Disability and Equality a review of the statutory role of Director of the Decision Support Service. This review relates to the effectiveness of the Director, the adequacy of the functions assigned under the Act to the Director and containing such recommendations (if any) that the Mental Health Commission considers would improve the effectiveness of the Director and/or the adequacy of the functions assigned.
The Board of the Mental Health Commission engaged Governance Ireland to conduct this review and prepare this report.
The report as submitted to the Minister sets out a range of both the strengths of the Decision Support Service and the functions it undertakes, alongside a set of challenges. The report found that the role of the Director is effective and has been a major driver in the implementation of the 2015 Act and that the statutory functions assigned to the DSS, in principle, are well aligned with the overarching guiding principles and the statutory provisions. The report further found that the Mental Health Commission has established a robust and reliable foundation in fulfilling the statutory role of the Director, and that clear and formal procedures have been implemented by the DSS for the management of their statutory functions, ensuring that the service operates in alignment with the guiding principles of the 2015 Act.
A statutory review of the operation and effectiveness of the Assisted Decision-Making (Capacity) Act 2015 is required to take place no later than five years after its commencement. The Programme for Government also commits to a review of the Act. The recommendations included in this report will be considered as part of that review, which will centre on the experiences of stakeholders and in particular of service users.