Deadline for wardship exit to be extended
The Government is to bring forward amendments to legislation on assisted decision-making that are aimed at removing uncertainty for people in wardship arrangements.
The Assisted Decision Making (Capacity) Act 2015 ended the long-standing wardship system and replaced it with a tiered decision-making framework.
The act had set a deadline of 26 April this year for all individuals in wardship to be discharged, but practitioners in the area had expressed doubts about whether this target could be met.
‘Significant progress’
In a statement, the Department of Children, Disability and Equality said that it was bringing forward legislative amendments to Part 6 of the 2015 act.
It said that, while there had been “significant progress” towards meeting the deadline, not all wards had had their capacity reviewed.
The department said that the amendments were needed to remove any uncertainty for those still in wardship arrangements, and to allow the courts to extend the deadline where there was good reason to do so.
18-month limit for extensions
The Assisted Decision-Making (Capacity) (Amendment) Bill 2026 will give the courts discretion to extend the deadline for the making of a declaration of capacity where it has not been granted in respect of a ward by 26 April.
A further extension may be granted in exceptional circumstances, but the total limit for any extension(s) is 18 months. This means that all wards of court will have a capacity declaration no later than 25 October 2027.
The bill will also give the High Court the discretion to extend the time period for making a capacity declaration for wards who will reach the age of 18 after the 26 October 2025. The total limit for any such extension(s) is 18 months.
The department has said that the draft version of the bill is subject to change, as amendments may be made throughout the formal drafting process.