Review of 25,000 in care required as law on consent changes

Thousands of elderly and vulnerable people in nursing homes and other residential facilities are being detained without legal authority and will have to have their cases reviewed by the courts or specialist tribunals.

The anomaly — thought to involve 25,000 nursing home residents and thousands more in other residential settings — came to light during preparations for the implementation of new laws giving people with restricted decision-making capacity more say in their care.

A new State agency, the Decision Support Service (DSS), is being set up to oversee the Assisted Decision-Making (Capacity) Act, which appoints formal decision-makers or decision-making assistants to adults whose capacity to make decisions is diminished by mental or physical illness or disability.