Dáil Éireann Debate, Tuesday - 10 October 2017
210. Deputy James Browne asked the Minister for Justice and Equality if he has engaged with the Courts Service regarding affording greater involvement to wards of courts and their families with the wards of courts funds and the funds of minors; and if he will make a statement on the matter. [42630/17]
Amharc ar fhreagraAs the Deputy is aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.
In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that when a person is taken into wardship, the President of the High Court appoints a committee, usually a relative (or relatives) of the ward, to deal with the ward's property and it is the responsibility of the President of the High Court to ensure that the estate of the ward is protected. It is standard procedure for funds of the ward to be brought under the custody of the court for investment by the Accountant of the Courts of Justice in accordance with the directions of the President of the High Court and the Registrar of the Office of Wards of Court. Investment of court funds is carried out in line with the strategies devised and reviewed on a regular basis by the Investment Committee, chaired by the President of the High Court.
The Investment Committee reviews the investment strategies with the assistance of its investment advisors to ensure the protection and suitable investment of funds of wards, minors and others lodged in court for the benefit of those persons. Investment policies and orders made thereunder must be in accordance with the Trustee (Authorised Investments) Act 1958. This procedure was examined and approved by the court in the case entitled, "In the Matter of M. H., a Ward of Court" [2011] IEHC 129.
The Courts Service has also informed me that the committee of the ward is involved with the Office of Wards of Court on an ongoing basis in establishing the expenditure needs of a ward. A case officer is appointed to manage the affairs of each ward who is available to meet with the committee initially to discuss the needs and financial arrangements for the ward and is available thereafter as required. Significant purchases or sales such as the sale of a house or lands will not take place without the involvement of the committee.
The Courts Service has advised that detailed statements providing comprehensive financial information are issued to committees on request and a process of issuing high-level financial statements to all committees has now commenced and that such statements will issue automatically on an annual basis.
As the Deputy may be aware, the legislation governing persons who are wards of court dates back to 1871. It has been recognised for some time that reforms were needed to update the law in this area and so the Assisted Decision-Making (Capacity) Act 2015 has been introduced to provide a modern statutory framework to support decision-making by adults with capacity difficulties.
New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the Act are brought into operation. A high-level Steering Group comprised of senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission and the Courts Service, together with the Director of the Decision Support Service, are overseeing the establishment and commissioning of the Decision Support Service and this work is ongoing.
