ADM & Communication
Young people who are non-speaking, sometimes speaking or communicate differently and the Assisted Decision-Making (Capacity) Act 2015
Researcher: Dr Clíona de Bhailís
Mentor: Professor Eilionóir Flynn
Funding: This research conducted with the financial support of Taighde Éireann – Research Ireland under the Research Ireland Government of Ireland Postdoctoral Fellowship Scheme Grant Number - GOIPD/2023/1074. However, all responsibility for the research (including any errors or omissions) remains with the Research Team.
About the Project
Disabled people are routinely denied the right to make basic decisions about their lives including decisions about where to live, medical treatment or money. Some groups of disabled people, such as young people and those who are non-speaking, sometimes speaking or communicate differently are especially at risk. Since the adoption of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) there is an increasing acceptance that disabled people of all ages, including those with complex support needs, have the right to make decisions on an equal basis with others, and that individuals may require support to make decisions. In light of this, Ireland has changed its laws in relation to decision making. The Assisted Decision-Making (Capacity) Act 2015, as amended, made considerable changes to the law regarding the recognition of and denial of legal capacity in Ireland. It introduced formal supported decision-making arrangements into Irish law and placed a functional assessment of capacity, with a requirement to communicate a decision, on a statutory footing. The majority of the provisions under the Act were commenced on the 26th of April 2023.
This research aimed to understand how the Act was applied to young people who were non-speaking, sometimes speaking or communicated differently and document professionals understanding of the Act and its application to this cohort in the first phases of its implementation. The project completed 3 case studies with young people who are non-speaking, sometimes speaking and communicate differently and their supporters. The online survey collected over 250 responses from a broad range of professionals including
The report is available here on University of Galway's repository.
