Asked by: Jen Craft (Labour - Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to prevent financial abuse through the misuse of lasting power of attorney.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
When the Office of the Public Guardian (OPG) registers a lasting power of attorney (LPA), it provides attorneys with access to the Mental Capacity Act Code of Practice and supporting guidance which includes information on their legal duties and responsibilities. If someone believes an attorney has breached these duties, they can report it to OPG. Under Section 58 of the Mental Capacity Act 2005, OPG has the power to deal with complaints or representations about the way in which an attorney is exercising their powers. Where necessary, OPG refers cases to the Court of Protection and other agencies such as local authorities or the police.
The Government’s modernising lasting power of attorney project will further increase safeguards. It will strengthen the process for witnessing the donor signing the LPA, introduce identity verification and create a clearer process for objecting to the registration of an LPA, so it can be used by a wider group of people and organisations. Where cases of abuse or misuse still arise, OPG’s existing powers to consider concerns about attorneys’ actions will remain.
Asked by: Jen Craft (Labour - Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to increase the powers of the Office of the Public Guardian to investigate abuse of lasting power of attorney.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
When the Office of the Public Guardian (OPG) registers a lasting power of attorney (LPA), it provides attorneys with access to the Mental Capacity Act Code of Practice and supporting guidance which includes information on their legal duties and responsibilities. If someone believes an attorney has breached these duties, they can report it to OPG. Under Section 58 of the Mental Capacity Act 2005, OPG has the power to deal with complaints or representations about the way in which an attorney is exercising their powers. Where necessary, OPG refers cases to the Court of Protection and other agencies such as local authorities or the police.
The Government’s modernising lasting power of attorney project will further increase safeguards. It will strengthen the process for witnessing the donor signing the LPA, introduce identity verification and create a clearer process for objecting to the registration of an LPA, so it can be used by a wider group of people and organisations. Where cases of abuse or misuse still arise, OPG’s existing powers to consider concerns about attorneys’ actions will remain.
Asked by: Jen Craft (Labour - Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of safeguards in the lasting power of attorney process.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
When the Office of the Public Guardian (OPG) registers a lasting power of attorney (LPA), it provides attorneys with access to the Mental Capacity Act Code of Practice and supporting guidance which includes information on their legal duties and responsibilities. If someone believes an attorney has breached these duties, they can report it to OPG. Under Section 58 of the Mental Capacity Act 2005, OPG has the power to deal with complaints or representations about the way in which an attorney is exercising their powers. Where necessary, OPG refers cases to the Court of Protection and other agencies such as local authorities or the police.
The Government’s modernising lasting power of attorney project will further increase safeguards. It will strengthen the process for witnessing the donor signing the LPA, introduce identity verification and create a clearer process for objecting to the registration of an LPA, so it can be used by a wider group of people and organisations. Where cases of abuse or misuse still arise, OPG’s existing powers to consider concerns about attorneys’ actions will remain.
Asked by: James Wild (Conservative - North West Norfolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has recently considered measures to improve the accountability of CAFCASS.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
As a Non-Departmental Public Body sponsored by the Ministry of Justice, the oversight and assurance arrangements for Cafcass are carried out in accordance with the Arms-Length Body Code of Practice. Specific areas of oversight are also covered in the Framework Document between the Ministry of Justice and Cafcass, which sets out the sponsorship governance arrangements, financial management and performance reporting. The Framework Document is reviewed and updated at least once every three years unless exceptional circumstances arise. The next scheduled review of the framework is due to be undertaken by December 2026.
Cafcass is subject to regular inspections by Ofsted, At the most recent full inspection, conducted in January 2024, Cafcass was rated as “outstanding”, the key finding of the Ofsted report are available here. Ofsted also undertook a ‘focused visit’ between 21 and 23 October 2025, which considered Cafcass’s work in relation to private law proceedings where domestic abuse is a factor. Ofsted’s letter of findings is available here.
Asked by: James Wild (Conservative - North West Norfolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 10 November 2025 to Question 87077 on Children: Custody, what estimate he has made of the number of families reached by the Family Mediation Voucher Scheme in a) Norfolk and b) North West Norfolk constituency.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
Since my response to PQ 87077 on 10 November 2025, uptake of the Mediation Voucher Scheme has continued to grow. The scheme has now helped over 51,000 families access mediation services since its launch.
Decisions on the continuation or expansion of the Mediation Voucher Scheme beyond March 2026 form part of the ongoing funding allocations discussion for the three-year Spending Review period. Any decisions on if and how the scheme could be expanded will be taken once the allocations process has concluded, should the scheme continue.
Local authority-level reporting on voucher take-up is something we are working towards. Our new client survey now collects location data, which will allow us to provide more detailed insights in the future.
Asked by: James Wild (Conservative - North West Norfolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 10 November 2025 to Question 87077 on Children: Custody, whether his Department has made a recent assessment of the potential merits of expanding the Family Mediation Voucher Scheme.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
Since my response to PQ 87077 on 10 November 2025, uptake of the Mediation Voucher Scheme has continued to grow. The scheme has now helped over 51,000 families access mediation services since its launch.
Decisions on the continuation or expansion of the Mediation Voucher Scheme beyond March 2026 form part of the ongoing funding allocations discussion for the three-year Spending Review period. Any decisions on if and how the scheme could be expanded will be taken once the allocations process has concluded, should the scheme continue.
Local authority-level reporting on voucher take-up is something we are working towards. Our new client survey now collects location data, which will allow us to provide more detailed insights in the future.
Asked by: James Wild (Conservative - North West Norfolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 10 November 2025 to Question 87077 on Children: Custody, what plans his Department has to fund the Family Mediation Voucher Scheme beyond March 2026.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
Since my response to PQ 87077 on 10 November 2025, uptake of the Mediation Voucher Scheme has continued to grow. The scheme has now helped over 51,000 families access mediation services since its launch.
Decisions on the continuation or expansion of the Mediation Voucher Scheme beyond March 2026 form part of the ongoing funding allocations discussion for the three-year Spending Review period. Any decisions on if and how the scheme could be expanded will be taken once the allocations process has concluded, should the scheme continue.
Local authority-level reporting on voucher take-up is something we are working towards. Our new client survey now collects location data, which will allow us to provide more detailed insights in the future.
Asked by: James Wild (Conservative - North West Norfolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department has recently assessed the potential merits of reviewing the weighting given to a child's views in child arrangement orders in cases where there is an unresolved disagreement between parents.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government does not have any plans to undertake a formal assessment of the efficacy of child arrangement orders. However, we have recently published a review of the courts’ application of the presumption of parental involvement that explored the impact of decisions about child arrangements on child welfare. The Review found a high incidence of orders for direct contact between children and parents, even in cases where a parent has caused or posed a risk of harm. The evidence from the review suggested this could have long term negative impacts for children.
The Government is continually working with stakeholders to ensure that the family justice system delivers outcomes that work for children and families. The Government recently announced its intention to repeal the presumption of parental involvement from the Children Act 1989 when parliamentary time allows, alongside a wider package of family court reforms. A Child Arrangements Order may be made by the court in private family law cases to determine whom a child is to live with, spend time with or otherwise have contact with. Child Maintenance calculations are carried out by the Child Maintenance Service and are based on HM Revenues and Customs data. The calculation represents an amount of money that is broadly equal to the amount that a paying parent would spend on the child if they were still living with them, irrespective of the income or assets of the receiving parent.
The Children Act 1989 states that the welfare of the child is the paramount consideration in family proceedings. The welfare checklist in the Children Act 1989 requires decision-makers to consider the ascertainable wishes and feelings of the child concerned, and the Government has no plans to change this.
The Government believes that children’s voices must be central to family court proceedings and is delivering a new approach to private family law proceedings, known as Pathfinder. Under the Pathfinder model, a far greater proportion of children are engaged by Cafcass or Cafcass Cymru compared with the Child Arrangements Programme, and the court process puts a greater emphasis on the voice of the child through the ordering of a Child Impact Report (Report), which contains clear recommendations from the social worker, taking into account the child’s wishes and feelings.
Asked by: James Wild (Conservative - North West Norfolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 10 November 2025 to Question 87080 on Child Arrangement Orders, if he will make such an assessment.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government does not have any plans to undertake a formal assessment of the efficacy of child arrangement orders. However, we have recently published a review of the courts’ application of the presumption of parental involvement that explored the impact of decisions about child arrangements on child welfare. The Review found a high incidence of orders for direct contact between children and parents, even in cases where a parent has caused or posed a risk of harm. The evidence from the review suggested this could have long term negative impacts for children.
The Government is continually working with stakeholders to ensure that the family justice system delivers outcomes that work for children and families. The Government recently announced its intention to repeal the presumption of parental involvement from the Children Act 1989 when parliamentary time allows, alongside a wider package of family court reforms. A Child Arrangements Order may be made by the court in private family law cases to determine whom a child is to live with, spend time with or otherwise have contact with. Child Maintenance calculations are carried out by the Child Maintenance Service and are based on HM Revenues and Customs data. The calculation represents an amount of money that is broadly equal to the amount that a paying parent would spend on the child if they were still living with them, irrespective of the income or assets of the receiving parent.
The Children Act 1989 states that the welfare of the child is the paramount consideration in family proceedings. The welfare checklist in the Children Act 1989 requires decision-makers to consider the ascertainable wishes and feelings of the child concerned, and the Government has no plans to change this.
The Government believes that children’s voices must be central to family court proceedings and is delivering a new approach to private family law proceedings, known as Pathfinder. Under the Pathfinder model, a far greater proportion of children are engaged by Cafcass or Cafcass Cymru compared with the Child Arrangements Programme, and the court process puts a greater emphasis on the voice of the child through the ordering of a Child Impact Report (Report), which contains clear recommendations from the social worker, taking into account the child’s wishes and feelings.
Asked by: James Wild (Conservative - North West Norfolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has considered changes to child arrangement orders that would affect child maintenance requirements for parents without custody.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government does not have any plans to undertake a formal assessment of the efficacy of child arrangement orders. However, we have recently published a review of the courts’ application of the presumption of parental involvement that explored the impact of decisions about child arrangements on child welfare. The Review found a high incidence of orders for direct contact between children and parents, even in cases where a parent has caused or posed a risk of harm. The evidence from the review suggested this could have long term negative impacts for children.
The Government is continually working with stakeholders to ensure that the family justice system delivers outcomes that work for children and families. The Government recently announced its intention to repeal the presumption of parental involvement from the Children Act 1989 when parliamentary time allows, alongside a wider package of family court reforms. A Child Arrangements Order may be made by the court in private family law cases to determine whom a child is to live with, spend time with or otherwise have contact with. Child Maintenance calculations are carried out by the Child Maintenance Service and are based on HM Revenues and Customs data. The calculation represents an amount of money that is broadly equal to the amount that a paying parent would spend on the child if they were still living with them, irrespective of the income or assets of the receiving parent.
The Children Act 1989 states that the welfare of the child is the paramount consideration in family proceedings. The welfare checklist in the Children Act 1989 requires decision-makers to consider the ascertainable wishes and feelings of the child concerned, and the Government has no plans to change this.
The Government believes that children’s voices must be central to family court proceedings and is delivering a new approach to private family law proceedings, known as Pathfinder. Under the Pathfinder model, a far greater proportion of children are engaged by Cafcass or Cafcass Cymru compared with the Child Arrangements Programme, and the court process puts a greater emphasis on the voice of the child through the ordering of a Child Impact Report (Report), which contains clear recommendations from the social worker, taking into account the child’s wishes and feelings.