Exit from Wardship deadline extended

Exit from Wardship deadline extended 

The Decision Support Service notes that the Department of Children, Disability and Equality is bringing forward legislative amendments to Part 6 of the Assisted Decision-Making (Capacity) Act 2015 relating to discharge from Wardship.

The 2015 Act, which commenced in April 2023, requires the wardship court (the High Court) to review and make a declaration concerning the capacity of every adult ward of court within three years i.e. by 26th April 2026. Although the Department has said that there has been significant progress in achieving this, not all wards have had their capacity reviewed at this time.

The Assisted Decision-Making (Capacity) (Amendment) Bill 2026 will give the Court discretion to extend the deadline for the making of a declaration of capacity where it has not been granted in respect of a ward by 26 April 2026. This is to be done on a case-by-case basis. A further extension may be granted in exceptional circumstances. However, the total limit for any extension(s) is 18 months. This means that all wards of court affected will have a capacity declaration no later than 25th October 2027.

More information on these legislative amendments - and the associated timelines - is available on at the link Department’s website.

The management of discharge from Wardship is a matter for the Office of the Wards of Court (OWOC), which processes these applications, which are then heard by the High Court.

The DSS has a statutory function to respond to requests from the court for nominations from its panel of decision-making representatives but it is not otherwise involved in the discharge process. The Wardship Court may decide that the person leaving Wardship requires a support arrangement under the 2015 Act. The DSS has functions to register and supervise the performance of co-decision-making agreements and decision-making representation orders. More information on the role of the DSS is available at the link Wards of Court | Decision Support Service