Drilling Deep into the Assisted Decision-Making Act

Drilling Deep into the Assisted Decision-Making (Capacity) Act 2015 

Considerations for Health and Social Care Practice

Friday 29th November 2019

The Conference critically explored aspects of the 2015 Act and what it means for health and social care practice. The aim was to combine a panel of experts from a range of clinical specialties with legal, ethical, policy, Non-Governmental Organisations and service user expertise in relation to the detail and implications of the Assisted Decision Making (Capacity) Act 2015 for health and social care practice. It also aimed to highlight the importance of ensuring that this critical piece of human rights legislation remains a priority for full commencement at Government level and that front line health and social care practice continues to immediately evolve to address many of the fundamental human rights principles underpinned by the Act.

The conference was hosted by the HSE Assisted Decision-Making and Consent Office with the UCC School of Law and the Decision Support Service - Mental Health Commission.

Programme for the day

Presentations from the day

Plenary address

Ms Aine Flynn, Director, Decision Support Service - Mental Health Commission

Session 1: Relevant person - a recalibration for the centrality of rights or just more semantics?

Dr Joan McCarthy, Senior Lecturer in Healthcare Ethics, School of Nursing and Midwifery, UCC

Mr Mervyn Taylor, on behalf of the National Patient Forum

Ms Judy Ryan, Director, Nursing and Midwifery Planning and Development, HSE South East

Dr Fiona McElligott, Consultant in Paediatric Palliative Medicine, Children's Health Ireland at Temple Street

Session 2: Getting to the core of the Act - will and preference, support, unwise decisions, risk and liability - reflections on practice

Professor Mary Donnelly, School of Law, University College Cork

Ms Louise Loughlin, National Manager, National Advocacy Service for People with Disabilities

Professor Shaun O'Keeffe, Consultant Gerontologist, University College Hospital Galway

Ms Elaine Teague, Ms Caroline Howarth, Ms Niamh Holland, St Michael's House

Session 3: Preserving the centrality of the voice of the person - practice issues and conundrums

Mr Alex Ruck Keene, Barrister, Writer and Educator specialising in Mental Capacity Law, England and Wales

Dr Brendan O'Shea, General Practitioner and Assistant Adjuvant Professor at Trinity College Dublin

Session 4: The functional assessment of capacity - transforming reductive capacity assessments?

Professor Shaun O'Keeffe, Consultant Gerontologist, University College Hospital Galway

Mr Alex Ruck Keene, Barrister, Writer and Educator specialising in Mental Capacity Law, England and Wales

Dr Patricia Rickard Clarke, Chair, Safeguarding Ireland and Sage Advocacy

For further information, please contact adm@hse.ie