Make an application for discharge
This application can be made by:
- the Ward of Court themselves (also known as the Relevant Person)
- their committee
- their solicitor
- someone who has the consent of the court to make an application (this can include a friend, relative or other trusted person, as well as a service provider, social worker or advocate)
This person is known as the applicant.
The first step in making an application for discharge is to complete a Notice of Motion.
Office of Wards of Court arranges a capacity assessment
Once the Notice of Motion has been received by the Office of the Wards of Court, a medical visitor (healthcare professional) is sent to the Relevant Person to assess capacity. This is called a functional capacity assessment.
Each review includes a presumption of capacity and respect for that ward's preferences, in line with ADMC guiding principles.
The wardship court applies a functional assessment of capacity, which assesses a person’s ability to make specific decisions rather than making an overall finding.
The Relevant Person or their representative may also arrange an independent functional capacity assessment in addition to the one organised by the Office of the Wards of Court.
Send the grounding affidavit
The grounding affidavit sets out the preferences of the Relevant Person. It can include details of their preferences regarding accommodation and people who can assist them in making decisions.
It may also include the views of people connected to the Relevant Person, such as GPs, carers and social workers, to best ascertain the Relevant Person’s will and preferences.
Documentation prepared by the Office of the Wards of Court
The Office of the Wards of Court sends the following documents to the applicant for discharge:
- Result of the functional capacity assessment
- Schedule of all assets and income of the Relevant Person known to the Court
- Any relevant court orders or medical reports about the Relevant Person
These documents help the applicant to complete the WOC2 form - which has to be submitted to the Court before the hearing.
Court hearing and discharge order
In line with the ADMC approach, the hearing will be conducted as sympathetically as possible for the Relevant Person. Solicitors should consult HC133 for guidance on proceedings.
Possible outcomes
- Discharge with no decision-making assistance required
- Discharge with the assistance of a decision-making assistant
- Discharge with the assistance of a co-decision-maker
- Discharge with a decision-making representative (closest to the former “committee” arrangement)
