Review of DSS notes digital ‘challenges’
A review of the role of the director of the Decision Support Service (DSS) has recommended three legislative amendments to the 2015 legislation that set up the post.
The DSS was established in April 2023 under the Assisted Decision-Making (Capacity) Act 2015 to ensure that the rights, will, and preferences of people who may have difficulty making decisions without help are protected.
An independent report commissioned by the Mental Health Commission (MHC), the oversight body under the 2015 act, found that the role of the director had been effective and that the statutory functions assigned to the DSS were working well.
‘Ambiguities’
It also found, however, “ambiguities” about the statutory functions of the DSS, and also said that “inconsistent communications” had affected the delivery of services and understanding of the body’s work.
The review also highlighted issues raised by some stakeholders about the service’s new electronic approach.
It said that the DSS had followed Government policy in adopting its ‘digital first, but not digital only’ model, but had recognised that alternatives needed to be made available.
Accessibility policy
The review said that an accessibility policy introduced in July 2024, as well as a freefone helpline and a dedicated EPA (enduring power of attorney) helpdesk, “appear to have been effective in helping to resolve this challenge”.
Feedback from legal professionals to the review noted that, while the digital-first approach had streamlined certain aspects of service delivery, it had diminished their role in offering essential guidance to vulnerable clients.
“A recurring concern was that the current digital system does not provide a dedicated portal or mechanism for solicitors,” the report stated.
Three key legislative recommendations recommended were:
- A review of the statutory definition of ‘property and affairs’, aimed at reducing interpretative disputes and ensuring comprehensive financial oversight,
- The current statutory deadlines for complaints should be extended, with “flexible and proportional timeframes” that consider the complexity of each case, and
- A review of the provisions relating to the swearing and witnessing of EPAs and for a requirement of all the parties to be present in person in the one room.
Advisory panel
The review also called on the Department of Children, Disability and Equality to consider forming a multi-sector advisory panel, comprising representatives from the department, the MHC, legal, financial, healthcare, and advocacy organisations.
This panel would meet to discuss and act on emerging issues.
The Government said that the recommendations included in the report would be considered as part of a statutory review of the 2015 act, which would centre on the experiences of stakeholders and, in particular, of service users.