Practice Direction HC 121

Wards of Court

I, David Barniville, President of the High Court, hereby issue the following practice direction which concerns applications pursuant to Part 10 of the Assisted Decision Making (Capacity) Act 2015 as amended by the Assisted Decision Making (Capacity) (Amendment) Act 2022 (hereafter, the “Act”) and the documents to accompany all applications under Part 10. This Practice Direction will come into force on the 11^th day of May 2023.

1. All applications for the hearing of a review pursuant to s.107(1) or s.108(1) of the Act shall be by Notice of Motion, grounded on an Affidavit sworn by or on behalf of the applicant, and an Affidavit of Service.
    
2. The applicant shall, if the applicant is not the ward of court, nominate an independent solicitor for the ward of court for the purpose of the application and provide details of the nomination to the Registrar of Wards of Court, together with the opinion of the applicant as to whether it is necessary or appropriate for the Court to appoint the nominated independent solicitor and the reasons for that opinion. The Court shall determine whether to appoint any independent solicitor and may, subject to its approval, appoint the nominated independent solicitor or such other independent solicitor as the Court may consider appropriate.
    
3. The Registrar of Wards of Court shall appoint an independent consultant psychiatrist from the panel established pursuant to s.105 of the Act to examine the ward of court and report to the Court on the results of the examination, and, in particular, whether, in the opinion of the psychiatrist, the ward of court is suffering from a mental disorder.
    
4. The report of the independent consultant psychiatrist shall be transmitted to the applicant for service on the ward of court (if the ward of court is not the applicant) or his or her independent solicitor (where one is appointed), the committee of the ward of the court, the consultant psychiatrist responsible for care or treatment of the ward of court (the “Responsible Psychiatrist”) and any other party directed by the Court.
    
5. The report of the Responsible Psychiatrist shall be exhibited to an affidavit sworn by that consultant psychiatrist to include an averment verifying same. The medical affidavit exhibiting the report of the Responsible Psychiatrist must be lodged in the Wards of Court Office, by the applicant as soon as possible, but in any case, within three weeks of service of the independent consultant psychiatrist’s report or such further extended period of time as may be allowed by the Court.
    
6. Form WOC1 must be completed and accompany all applications made in the wardship list, including the applications and reviews the subject of this Practice Direction.
    
7. The Affidavit(s) of Service must include averments as to:

1. Service of the application on the ward of court (if the ward is not the applicant) or his or her independent solicitor (where one is appointed), the committee and any other person required;
2. Service of the report of the independent consultant psychiatrist in accordance with paragraph 4 above: and
3. The response and reaction of the ward of court (where applicable).

8. The independent solicitor or, if no independent solicitor is appointed, the Committee must swear an Affidavit, which must include averments:

1. Confirming that an explanation of the application and implications of same have been provided to the ward of court;
2. The response and reaction of the ward of court; and
3. The efforts undertaken to arrange for the ward of court to be present for the application in accordance with the provisions of s.139 of the Act.​

9. One week prior to the date allocated for hearing, a booklet for hearing (the Hearing Booklet”) must be lodged by the applicant with the Office of Wards of Court electronically and in paper form and served on the other parties.
    
10. The Hearing Booklet must be tabulated and paginated. It is to be ordered as follows:

1. Form WOC 1;
2. The Notice of Motion;
3. The grounding affidavit with exhibits;
4. The report of the independent consultant psychiatrist with exhibits;
5. Affidavit of Responsible Psychiatrist with exhibits;
6. The most recent Order detaining the ward;
7. Any Orders giving directions as to the hearing of the review pursuant to s.107 or s.108  of the Act;
8. A draft of the proposed Order sought by the applicant;
9. Affidavit of Service;
10. The Affidavit of the independent solicitor or the Committee referred to at paragraph 8 above; and
11. Any other relevant affidavits

11. Paragraphs 3 to 10 of this Practice Direction shall apply to subsequent reviews as provided for in sections s.107(3) and s.108(3) of the Act.
12. This Practice Direction will remain in force until further notice.

__________
David Barniville
President of the High Court
11^th day of May 2023