The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis.
The Decision Support Service (DSS) is the organisation that will operate the progressive provisions of the 2015 Act. The DSS has responsibility under the Act for establishing and maintaining panels, the members of which will perform certain specified functions, such as acting as decision-supporters in the various contexts envisioned by the Act. These panels include decision-making representatives, special visitors, general visitors and court friends.
Panel members are to be appointed subject to terms and conditions as determined by the Minister with the consent of the Minister for Public Expenditure and Reform. Preparation for recruitment to panels is underway, including finalising the terms and conditions that will apply to panel members.
A high-level Steering Group, chaired by the Department of Children, Equality, Disability, Integration and Youth, is overseeing progress towards full commencement. The Steering Group comprises senior officials from relevant Departments and agencies and the Group is tracking the progress of a number of project milestones, including the terms and conditions for panel members, and their appointment, in order to ensure full commencement of the 2015 Act by June 2022 and full operationalisation of the DSS by July 2022.