About Capacity2Change

What is Capacity2Change?

Capacity2Change is an awareness campaign led by the Equality Officers of TCD and UCD Young Fine Gael.  Our main aim is to raise awareness of the disempowering impact that  the Lunacy Regulation act (1871) and Ward of Court system has on people with disabilities. Equally, we  aim to begin a nationwide conversation among students of health science and law about the associated Capacity Bill 2013: it's proposed changes and the potential impact that this will have on professional ethical practice. 

Who is behind Capacity2Change? 

Patricia Kenny

Rachel Kidd

Patricia Kenny 

UCD Young Fine Gael Equality Officer

Final Year Archaeology and Geology Student

Rachel Kidd 

Trinity Young Fine Gael Equality Officer 

Final Year Speech and Language Therapy Student

Background to Capacity2Change

The Lunacy Regulation Act 1871 removes the basic rights to autonomy, marriage and ownership for people with intellectual disabilities. It dates to the 19th century, and reflects societies desire to regulate and dis-empower people with disabilities. Under this law, any person with an intellectual disability does not have the right to get married, own property, testify in court, or make any sort of legal or health related decisions. They are immediately labelled incapable of making a decision and can be made a Ward of Court in legal and health care contexts. Despite its archaic name and principles, this law is still functional in Ireland. While it may set out to protect the vulnerable, it encourages prejudice based on labels/medical diagnosis. 

Considering how 70% of intellectual disability is mild to moderate in severity, such a system is therefore most inappropriate and does not provide the opportunities for autonomy and self determination that most poeple with intellectual disabilities are capable of making., given the right supports.

This law also applies to people with dementia - and does not provide the continuum of support needed at different stages of the condition. 

The Capacity Bill 2013 represents the reform of The Lunacy Regulation Act (1871) and is an important step towards ratification of the UN Convention on The Rights of People With Disabilities (2006). The two main principle changes are as follows

•    acknowledging the "will and preferences" of the individual ahead of "best interests practice/paternalism"
• presuming a person has capacity rather than  presumed incapacity based on medical diagnoses such as Down Syndrome , dementia etc. 

The four main areas required for an individual to have decision making capacity is as follows:

• Ability to understand information
• Ability to retain that information
• Ability to use that information to make a decision
• Ability to communicate their decision

Following an assessment, the Capacity Bill proposes that a continuum of support, reflective of individual's decision support needs is provided rather than the "blanket approach" of a Ward of Court

• Assisted Decision Maker: who provides minimal support and makes information accessible 
• Supported Decision Maker: a trusted person who shares authority for the decision making but ascertains will and preferences. 
• Facilitated Decision Maker:  Comparable to the Ward of Court system, last resort and  only applicable to cases where there is no possible way of ascertaining will and preferences. 

Clearly, this bill has huge potential in terms of maximising equality of opportunity for people with reduced decision making capacity (intellectual disability and dementia). However its impact will also be significant for the health care and legal professionals involved with such populations 

Purpose of Capacity2Change

Ultimately we want to begin a nationwide conversation about the Capacity Bill (2013) and see it prioritised in Government before the next general election.
We are particularly focusing on students of law, health science and social science, as they will be among the first generation of professionals to integrate the bill into their professional practice when it becomes law.  Are such professions ready for the changes, and if not what barriers need to be removed?

Through the debates we are hosting, we are also getting an insight into the prominent  opinions and attitudes that exist towards the Lunacy Regulation Act and the Capacity Bill. We hope to collate our findings and integrate them into the resolution format of this campaign that will be presented at The Young Fine Gael Conference due to be held in Limerick in March 2015.

Thank you to everyone who has believed in the potential of this campaign and supported us through what has been a fast paced and exciting few months.

#Capacity2Change.