The 24-page report published today focuses on the effectiveness of the role of the director of the Decision Support Service (DSS).

The DSS has registered over 7,000 decision support arrangements — including more than 5,000 EPAs and over 2,000 decision-making representation orders — since its establishment in April 2023 under the Assisted Decision-Making (Capacity) Act 2015.

The Mental Health Commission’s review has found that the statutory role of the director “is effective and has been a major driver in the implementation of the 2015 Act” and its statutory functions are working well.

However, the review also identified key challenges, including issues “raised in relation to the new electronic approach by certain cohorts of stakeholders”, including legal professionals.

“A recurring concern from solicitors and their representative body was that the current digital system does not provide a dedicated portal or mechanism for solicitors,” the report notes.

It goes on to say there “appears to be a gap in understanding that solicitors are capable of accessing the existing portal to assist their clients”.

While other stakeholders generally display “cautious optimism” about the new system, the review says the legal profession “is an exception”.

“Their negativity is focused primarily on a single aspect of the Act reflecting concern about what they perceive as their exclusion from the EPA process,” it states.

“It is hoped that specific legislative amendments, if adopted, may assist with the legal practitioners’ issues.”

The government has welcomed the review and said it will inform an upcoming statutory review of the 2015 Act to be undertaken by the Department of Children, Disability and Equality.

Emer Higgins, minister of state with responsibility for disability, said: “This report marks an important step in ensuring that the Assisted Decision-Making (Capacity) Act 2015 continues to deliver on behalf of adults with capacity difficulties and that the Decision Support Service continues to deliver an accessible, effective and responsive service.

“It is of the utmost importance that the role of the Decision Support Service and the functions of Act meet the needs of those facing difficulties in making decisions for themselves.

“This statutory review of the role and effectiveness of the Decision Support Service highlights the very many strengths and achievements of the Decision Support Service since they commenced operations in April 2023.

“The Decision Support Service has been pivotal in ensuring that adults are supported to maintain their dignity and autonomy in the face of diminished decision-making capacity, and to have their wishes respected.

“I look forward to continuing to support the Decision Support Service as they work to advance their operations and deliver this key service.”