AQW 22912/22-27 Written question to the Minister of Justice
To ask the Minister of Justice to detail (i) any financial support available for low-income families seeking controllership; and (ii) whether reforms are being considered to reduce the cost burden.
Asked by Claire Sugden MLA on 19 February 2025
- Answered
- Written
- Tabled
- 19 February 2025
- Answer due by
- 6 March 2025
- Answered
- 25 February 20256 days after tabling
- Department
- Department of Justice
- Priority question
- No
Answer
(i) While there are normally fees for those seeking a controllership order, exemptions are available for those in receipt of certain benefits, and remissions on the grounds of hardship are available on application. An information leaflet, ‘Do I have to pay court fees?’, and the form for Exemption or Remission of a Court Fee can be found on my Department’s website.
(ii) The legislative framework for controllership in Northern Ireland, provided for in the Mental Health (Northern Ireland) Order 1986, is a matter for the Department of Health. Following the 2007 Bamford Review, the Department of Health brought forward the Mental Capacity Act (Northern Ireland) 2016. The provisions within the 2016 Act around controllership have yet to be commenced, but they will replace controllers with deputies, who will carry out the same functions but in relation to health and welfare matters, as well as finance and property. Deputies will also be supervised by a public official known as a Public Guardian rather than directly by the court, but the nature of the supervision will essentially be the same. The Department of Health has recently established a working group to identify the actions, resources and time required to enable commencement of the remainder of the 2016 Act.