THE HIGH COURT
WARDS OF COURT
[2025] IEHC 292
[WOC 6825]
IN THE MATTER OF M, A WARD OF COURT AND IN THE MATTER
OF AN APPLICATION PURSUANT TO SECTION 55 OF THE ASSISTED DECISION-MAKING (CAPACITY) ACT 2015 (AS AMENDED)
RESPONDENT
Ex tempore ruling of Mr. Justice Mark Heslin delivered on the 8th day of May 2025
Introduction
1. This is an application to discharge Ms. [M] from Wardship.
Welcome
2. To repeat what I said at the outset, I want to extend a very warm welcome to a truly remarkable young woman. In this very short ruling, I will refer to Ms. [M] as the "respondent".
Grounding affidavit
3. This application is based on what is averred (i.e. sworn to be correct) by the respondent's father and Joint Committee in Wardship, in a "grounding" affidavit, which he swore on 28 April.
Injury
4. The respondent, who was born in 1994, was admitted to Wardship in 2013, having very unfortunately suffered serious injuries, including a head injury, in a road traffic accident at the age of seven.
Complete recovery
5. Thankfully, as the papers before me make clear, she made a slow and gradual but complete recovery.
Achievements
6. The respondent sat the Leaving Certificate. She went on to study Business and Marketing, completing no less than a Master's Degree in University, last August, and I understand that she is considering a PhD.
Wish
7. Her wish is to be discharged from Wardship.
Medical evidence
8. In terms of the medical evidence, I have a report dated 13 March 2025 by Dr. [B] Consultant Psychiatrist and she confirms that the respondent has made a "full recovery" from this serious head injury and Dr. [B] describes her prognosis as "excellent".
Capacity
9. She further offers the view that the respondent "does not lack capacity" in relation to either Personal Welfare or Property and Affairs decision-making, being the two broad areas covered by the 2015 Act.
Assets
10. The grounding affidavit refers to the respondent's assets and the schedule is exhibited.
Service
11. No issue arises as regards to service, in light of the affidavit sworn on 02 May by Ms. [C] solicitor, who describes the respondent as "a remarkable woman who continues to defy the odds and has great plans for the future".
Declaration
12. To conclude this short ruling, it is a pleasure to declare, pursuant to s.551(a) of the 2015 Assisted Decision Making Capacity Act (the "2015 Act"), that Ms. [M] does not lack capacity to make decisions, either in the areas of Personal welfare or Property and Affairs.
Orders
13. Therefore, I am ordering that Ms. [M] be discharged from Wardship under s.55(2) of the 2015 Act and remitted to the management of her own affairs.
14. She is now the "captain" of her own "ship". She is entitled to receive all her assets, including those held by the Accountant of the Court of Justice; and arrangements should be made for her to receive all financial entitlements, directly.
15. It is also appropriate to order that the costs of the present application be discharged from her assets, but to be adjudicated in default of agreement.
Congratulations
16. By way of a final word, I would like to congratulate Ms. [M] on her many achievements to date as well as leaving Wardship today. I wish her the very best with what will surely be an extremely bright future. I would also like to express thanks to her loving family.