The Law Society has today asked Anne Rabbitte (Minister of State at the Department of Children, Equality, Disability, Youth and Integration) to intervene to save what it describes as a “collapsing” new system of assisted decision-making.

The solicitor representative body says that the system is failing to deliver for people who urgently need to put in place Enduring Powers of Attorney (EPAs), because of what it terms “digital exclusion”.

“Under the Decision Support Service (DSS), only ten Enduring Powers of Attorney have been activated since the new system began in April 2023, almost 15 months ago,” the Law Society said in a statement (16 July).

This compared with 1,245 EPAs activated in 2022.

‘Severe inefficiencies’

The Law Society says that the poor design of the DSS online system is making it unusable for a significant number of people, with the challenges aggravated by the fact that solicitors have no access to the system.

It lists several other contributing factors to what it describes as the system's “severe inefficiencies”, including:

• The “complete lack of clarity” on emergency arrangements,
• On-site presence requirements for attorneys,
• Limitations on making changes to EPAs, and
• Restrictions on any professionals accessing the online system.

‘Serious concerns’

Law Society director general Mark Garrett said: “The Law Society has raised serious concerns about the complexity and difficulty in navigating the current system, which is creating both unnecessary delays and uncertainty for vulnerable individuals.

“The Law Society recently met Minister Rabbitte and asked her to intervene to resolve the failing decision-making system and allow people to make their wishes known for their care, property, and finances.

Call for ‘more inclusive’ approach

“Regrettably, the Decision Support Service has decided to take an overtly narrow, complex, and restrictive digital approach.

“The system requires the users to have an email address, a mobile phone, a public-services card, a computer, an internet connection, and a MyGov ID, only to then have to create a separate new account on MyDSS.

“This model simply does not take into consideration the digital proficiencies of many elderly or vulnerable people."

The Law Society’s director general cited a 2021 estimate from the DSS of 5,556 arrangements in its first six months of operation, saying that the figure for the first year of the new system was “very significantly less”, at 421 arrangements.

“The Law Society is urging for a broader and more inclusive approach to be implemented, to ensure that people can easily and efficiently establish Enduring Powers of Attorney when needed,” he said.

“The nature of the two-step registration process makes the creation of emergency Enduring Powers of Attorney extremely difficult, and in the opinion of many practising solicitors, it is almost impossible.

“For the person who wants to put in place an Enduring Power of Attorney, the process requires their attorney and two witnesses to be present at the same time. This is causing further delays,” Garrett stated.

‘Digital exclusion'

The Law Society’s director general said that digital exclusion was a reality.

“We were promised a better, more people-focused service, but that simply has not happened,” he said, adding that it was “not good enough” for people in vulnerable situations to be left with such uncertainty.

The director general said that, while the Law Society and solicitors recognised the importance of technological solutions as an enabling tool within the legal and justice system, the “narrow and restrictive” system currently in place was “wholly dysfunctional”.

“The Law Society has endeavoured to engage with the DSS on these critical issues, however, there has been little meaningful progress, and that has led to this crisis point.

“The system is failing and needs ministerial intervention to ensure the needs of the users are centre stage,” he concluded.