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: Irish Research Council Government of Ireland Postdoctoral Fellowship

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 is due to be given full legal force in November 2022. It will make considerable changes to Irish law including offering disabled people an opportunity to make formal agreements with their chosen supporters for the first time. It also changes how a person’s decision-making ability is assessed to include communicating their decision and places the person’s wishes at the core of the decision-making process.

This project sets out to learn how young people who are non-speaking, sometimes speaking, or communicate differently can access and use the support agreements under the Assisted Decision - Making (Capacity) Act 2015. It will research international experiences in this area to learn about best practice. It will then work with a small group of young people who are non-speaking, sometimes speaking, or communicate differently and their families to learn about their experience of using or transitioning to Ireland’s new system. Finally, the project will survey professionals, who might be assessing decision making ability, to establish their understanding of new law and how it applies to young people who communicate differently.