The Assisted Decision-Making (Capacity) Act 2015 in the courts: Hearing the voice of the relevant person
| dc.contributor.author | Donnelly, Mary | en |
| dc.contributor.author | Gleeson, Caoimhe | en |
| dc.date.accessioned | 2025-01-20T14:39:45Z | |
| dc.date.available | 2025-01-20T14:39:45Z | |
| dc.date.issued | 2024 | en |
| dc.description.abstract | The Assisted Decision-Making (Capacity) Act 2015 (hereafter the 2015 Act) constitutes a decisive shift in legal responses to people whose capacity is in question, requiring greater support for decision-making, an amplification of the relevant person’s voice, and increased respect for their will and preferences even if they are found to lack decision-making capacity. Although much of the operation of the 2015 Act happens outside of the courts, judicial proceedings also play a central role. This article is concerned with the role of the relevant person’s voice in such proceedings. It identifies efforts being made by judges to ensure that the relevant person’s voice is heard but also recognises some of the challenges that can arise in delivering on this. It identifies the need for further resourcing to support the voice requirements in the Act, including better access to independent advocacy, and for enhanced guidance for courts and legal practitioners. | en |
| dc.description.status | Peer reviewed | en |
| dc.description.version | Published Version | en |
| dc.format.mimetype | application/pdf | en |
| dc.identifier.citation | Donnelly, M. and Gleeson, C. (2024) 'The Assisted Decision-Making (Capacity) Act 2015 in the courts: Hearing the voice of the relevant person', Irish Judicial Studies Journal, 8(2), pp. 47-66. Available at: https://www.ijsj.ie/editions/2024-edition-2/ (Accessed: 20 January 2025) | en |
| dc.identifier.endpage | 66 | en |
| dc.identifier.issn | 2712-0317 | en |
| dc.identifier.issued | 2 | en |
| dc.identifier.journaltitle | Irish Judicial Studies Journal | en |
| dc.identifier.startpage | 47 | en |
| dc.identifier.uri | https://hdl.handle.net/10468/16849 | |
| dc.identifier.volume | 8 | en |
| dc.language.iso | en | en |
| dc.publisher | Irish Judicial Studies Journal | en |
| dc.relation.uri | https://www.ijsj.ie/editions/2024-edition-2/ (Accessed: 20 January 2025) | en |
| dc.rights | © 2024, The Irish Judicial Studies Journal. The views and opinions expressed in the articles published in this Journal are entirely personal to the authors acting in their personal academic capacity and do not represent their professional view and/or opinions. Articles accepted for publication by the Journal do not represent the views and/or opinions of the Journal, its Editor in Chief, Editorial Board, members of the Judiciary, the Judicial Council or the Courts Service of Ireland. Articles published by the Journal are not intended to be relied upon as legal authority and the Journal accepts no responsibility for any errors or omissions contained therein. | en |
| dc.subject | Capacity | en |
| dc.subject | Decision-making | en |
| dc.subject | Relevant person’s voice | en |
| dc.subject | Independent advocacy | en |
| dc.title | The Assisted Decision-Making (Capacity) Act 2015 in the courts: Hearing the voice of the relevant person | en |
| dc.type | Article (peer-reviewed) | en |
