The Assisted Decision-Making (Capacity) Act 2015 established the Decision Support Service (DSS) within the Mental Health Commission (MHC), but it has not yet begun operating.

Since the 2015 Act was approved, more than 1,250 people have been made wards of court, including 316 so far in 2019. Many more continue to have decisions made for them outside of the legal framework.

According to minutes of meetings of the Mental Health Commission, which have been seen by The Irish Times, the body is no longer expected to be operational by the end of 2020.

The minutes from October 2019 record the “general disappointment” of members with the budget allocation, and note: “It was agreed the commission could not commit to a new implementation date.”

A senior legal academic recently warned that the full implementation of the 2015 Act is “not getting the political attention which it merits”.