HSE Mental Health: Impact of Assisted Decision Making Act on Mental Health - Request for Quotations

HSE Mental Health

A request for proposals to review and scope the impact of the Assisted Decision-Making (Capacity) Act 2015 on mental health policy and practice in Ireland


The Assisted Decision-Making (Capacity) Act was signed into law on the 31st of December 2015 (herein referred to as the 2015 Act).

The 2015 Act applies to everyone over 18 and has relevance for all health and social care settings. Some parts of the 2015 Act have been commenced. These include provisions to establish the Decision Support Service (DSS), the appointment of the Director of that service and the establishment of a multi-disciplinary working group to prepare guidelines for Advance Healthcare Directives (AHDs). The Director of the DSS, Ms. Áine Flynn, has been appointed and work to establish the DSS is underway. The DSS is based within the Mental Health Commission but it is independently governed as per the provisions of the 2015 Act. Draft Codes of Practice have been completed by the National Disability Authority and the HSE on behalf of the Decision Support Service. A number of regulations are now being drafted by the Department of Justice and will be drafted by the Department of Health.

Full commencement is estimated to be by the end of 2021.

Scope of this work

The HSE is seeking to engage a researcher or group of researchers to undertake an impact assessment of where the 2015 Act will have greatest relevance and to identify clear actions across mental health services to enable implementation of the 2015 Act. The identification of these actions will inform a draft implementation plan. This impact assessment will include but is not limited to the following actions:

  • A desktop review of relevant documents, service plans, programme plans and reports to examine what services are currently doing in relation to the principles of the 2015 Act and the HSE National Consent Policy. This should identify any possible gaps or areas requiring attention.
  • A baseline assessment of knowledge amongst mental health services staff of core principles addressed in the Assisted Decision-Making (Capacity) Act 2015 (supported decision-making, provision of accessible information, advance planning, substitute decision making, voice of the person, regard for bodily integrity and autonomy) and determine compliance with the HSE National Consent Policy.
  • A consultation process with relevant stakeholders including service providers, service users and advocacy groups on issues which need to be considered in an implementation plan.
  • The drafting of a project report which will represent a draft implementation plan for HSE Mental Health Operations in preparing for full commencement of the Act.

This process will identify the gaps which exist in relation to compliance with the provisions of the 2015 Act and the HSE National Consent Policy. As stated in the final bullet point above, the findings of the work will influence the development of an implementation plan for Mental Health Services, setting out a number of actions and priorities that need to be addressed in preparation for the full commencement of the 2015 Act. This work will be done in consultation with the HSE Mental Health Operations team or a sub-group of that team (to be determined).

Please see document below for further information.

Quotations should be sent by email in PDF or MS Word to Derek.chambers@hse.ie

Closing date for receipt of quotations is Friday October 23rd, 2020.

General Info

Date Entered/Updated
7th Oct, 2020
Various Locations
Expiry Date
23rd Oct, 2020