Young people who are non-speaking, sometimes speaking or communicate differently and the Assisted Decision-Making (Capacity) Act

de Bhailís, Clíona. (2025). Young people who are non-speaking, sometimes speaking or communicate differently and the Assisted DecisionMaking (Capacity) Act: Centre for Disability Law and Policy, University of Galway.

Abstract

Disabled people are often denied their right to legal capacity or their right to make decisions with legal consequences. Some groups of disabled people, such as those with cognitive impairments and those who are non-speaking, sometimes speaking or communicate differently may be particularly at risk of having their capacity questioned or denied. The Assisted Decision-Making (Capacity) Act 2015, as amended, made considerable changes to the law regarding the recognition of and denial of legal capacity in Ireland. It introduced formal supported decision-making arrangements into Irish law and placed a functional assessment of capacity, with a requirement to communicate a decision, on a statutory footing. The majority of the provisions under the Act were commenced on the 26th of April 2023. This research aimed to understand how the Act was applied to young people who were non-speaking, sometimes speaking or communicated differently and document professionals understanding of the Act and its application to this cohort in the first phases of its implementation. This research was completed by Dr Clíona de Bhailís at the Centre for Disability Law and Policy, University of Galway between September 2023 and December 2025. This report provides an overview of the key findings of the empirical research conducted with young people who are non-speaking, sometimes speaking or communicated differently, their supporters and professionals implementing the Act in their practice.

Funder

Taighde Éireann – Research Ireland

Publisher

Centre for Disability Law and Policy, University of Galway

Rights

CC BY-NC-ND

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