Holly Lynch Written Questions

18 Questions to Ministry of Justice tabled by Holly Lynch


Date Title Questioner
17 Jul 2020, 3:12 p.m. Female Genital Mutilation Protection Orders Holly Lynch

Question

To ask the Secretary of State for Justice, how many women and girls in the UK have an FGM protection order in place as at July 2020.

Answer (Alex Chalk)

The Ministry of Justice collates information on the number of applications and the number of FGM protection orders granted. There is no mandatory requirement to collate statistics on the duration of orders and whether they remain in place at any point in time. The quality of available data can only, therefore, be verified at disproportionate cost. However, following their introduction in July 2015, 584 FGM protection orders have been granted up to 31 March 2020, the latest period for which information is available.

Similarly, data relating to the age of the person to be protected by an FGM protection order granted by the court is not collated and can only be obtained at disproportionate cost. Data relating to age is collated, however, on a person or persons named in any application for a FGM protection order. Following their introduction in July 2015, 405 applicants, aged 17 or under, had been the subject of an application for an FGM protection order up to 31 March 2020, the latest period for which statistics are available.

Statistics to the end of June 2020 are scheduled for publication in late September, and statistics for July are scheduled for publication in late December.

17 Jul 2020, 3:12 p.m. Female Genital Mutilation Protection Orders: Children and Young People Holly Lynch

Question

To ask the Secretary of State for Justice, how many girls under the age of 18 in the UK have an FGM protection order in place as at July 2020.

Answer (Alex Chalk)

The Ministry of Justice collates information on the number of applications and the number of FGM protection orders granted. There is no mandatory requirement to collate statistics on the duration of orders and whether they remain in place at any point in time. The quality of available data can only, therefore, be verified at disproportionate cost. However, following their introduction in July 2015, 584 FGM protection orders have been granted up to 31 March 2020, the latest period for which information is available.

Similarly, data relating to the age of the person to be protected by an FGM protection order granted by the court is not collated and can only be obtained at disproportionate cost. Data relating to age is collated, however, on a person or persons named in any application for a FGM protection order. Following their introduction in July 2015, 405 applicants, aged 17 or under, had been the subject of an application for an FGM protection order up to 31 March 2020, the latest period for which statistics are available.

Statistics to the end of June 2020 are scheduled for publication in late September, and statistics for July are scheduled for publication in late December.

29 Jun 2018, 1:48 p.m. Social Security Benefits: Appeals Holly Lynch

Question

To ask the Secretary of State for Justice, what the (a) current waiting time and (b) waiting time was in each year since 2010 for appeals relating to (i) personal independence payments and (ii) employment and support allowance in (A) Huddersfield, (B) Bradford and (C) Leeds.

Answer (Rory Stewart)

PIP was introduced in 2013, therefore this explains the sharp increase in waiting times since 2013.

Latest figures indicate that since PIP was introduced, more than 3.1 million decisions have been made, and of these under 9% have been appealed and 4% have been overturned. For ESA the figure is only 8% of decisions made were appealed and 4% have been overturned at tribunals.

The information requested is in the table below:

Average time receipt to outcome (weeks) 1

Bradford

Huddersfield

Leeds

Apr-Mar

Personal Independence Payments2

Employment Support Allowance3

Personal Independence Payments2

Employment Support Allowance2

Personal Independence Payments2

Employment Support Allowance3

2017/18

28

25

40

39

26

24

2016/17

18

17

22

24

16

15

2015/16

23

22

24

29

20

21

2014/15

21

37

26

32

19

28

2013/14

0

26

0

39

~

20

2012/13

0

19

0

36

0

17

2011/12

0

26

0

28

0

18

2010/11

0

31

0

25

0

15

2009/10

0

13

0

~

0

8

  1. Data include cases cleared with and without a Tribunal hearing
  2. Personal Independent Payment (New Claim Appeals) which replaces Disability Living Allowance was introduced on the 8 April 2013, also includes Personal Independent Claims (Reassessments)
  3. Data include Employment and Support Allowance and Incapacity Benefit reassessment. Employment and Support Allowance was introduced in October 2008 and Incapacity Benefit reassessment followed in October 2010.

~ Equates to a value fewer than 5

Although care is taken when processing and analysing the data, the details are subject to inaccuracies inherent in any large-scale management system and are the best data available.

The data may differ slightly to that of the published stats as these data were run on a different date.

The volume of PIP appeals made to the tribunal has built up over time since it was introduced as a new benefit in 2013.

Clearance times are dependent on several factors, such as the availability of the appellant or their representative, or hearing capacity at the local Tribunal venue. Additionally, a decision on the appeal may be reached after a hearing has been adjourned (which may be directed by the judge for a variety of reasons, such as to seek further evidence), or after a hearing has been postponed (again, for a variety of reasons, often at the request of the appellant). An appeal may also have been referred back to the First-tier Tribunal by the Upper Tribunal for disposal. Cases may also have been stayed at the First-tier Tribunal, pending a decision by the Upper Tribunal on a lead case.

29 Jun 2018, 12:56 p.m. Social Security Benefits: Appeals Holly Lynch

Question

To ask the Secretary of State for Justice, how many people are waiting to have their appeal heard at a Tribunal for (a) personal independence payments and (b) employment and support allowance in the Halifax constituency.

Answer (Rory Stewart)

Latest figures indicate that since PIP was introduced, more than 3.1 million decisions have been made, and of these under 9% have been appealed and 4% have been overturned. For ESA the figure is only 8% of decisions made were appealed and 4% have been overturned at tribunals.

The information requested is in the table below:

Number of cases that are ready to list1 for a hearing in the Bradford Venue2

Year

Personal Independence Payment3

Employment Support Allowance4

31 March 2018

973

430

  1. Ready to list includes cases waiting to be listed for a tribunal hearing. These cases may have already had an initial hearing and be awaiting a subsequent hearing.
  2. Social Security and Child Support appeals are normally registered to the venue nearest to the appellant’s home address. We cannot retrieve data based on the appellant’s actual address, but can produce reports detailing the numbers of cases that were dealt with at one of our Regional Centres or heard at a specific venue. Cases relating to Halifax constituency are registered to the Bradford venue. The above figures relate to all cases outstanding at the Bradford venue rather than just those for the Halifax constituency.
  3. Personal Independent Payment (New Claim Appeals) which replaces Disability Living Allowance was introduced on the 8 April 2013, also includes Personal Independent Claims (Reassessments)
  4. Includes Employment Support Allowance and Employment Support Allowance (reassessments)

Although care is taken when processing and analysing the data, the details are subject to inaccuracies inherent in any large-scale management system and are the best data available.

The data may differ slightly to those of the published stats as these data were run on a different date.

28 Jun 2018, 12:59 p.m. Social Security Benefits: Appeals Holly Lynch

Question

To ask the Secretary of State for Justice, how many (a) personal independence payments and (b) employment and support allowance appeals are heard on average each day at Tribunal in (i) Huddersfield, (ii) Bradford and (iii) Leeds; and how many people on average are added each day to a waiting list for an appeal hearing at each of those Tribunals.

Answer (Lucy Frazer)

The information requested is not held centrally.

The information is not available, because the SSCS Generic Appeals Processing System (GAPS) cannot calculate the average rate per day. Venues may not be used daily, and a daily average would therefore be statistically unreliable. Furthermore, the relevant computer records are not run on a daily basis.

23 May 2018, 4:09 p.m. Courts: Closures Holly Lynch

Question

To ask the Secretary of State for Justice, how many courts have been closed and replaced with remote video technology since 2015.

Answer (Lucy Frazer)

No courts have been closed and replaced with remote video technology since 2015.

To enhance access to justice, remote video links have been established as part of six court closures since 2015, with a further two video links to be in place by the end of the year. Remote video technology provides additional support to vulnerable and intimidated witnesses, including defence witnesses who may give evidence via a live video link from a location away from a court environment.

22 May 2018, 4:57 p.m. Courts: Closures Holly Lynch

Question

To ask the Secretary of State for Justice, what discussions he has had with the Home Secretary on the potential additional financial costs on police forces in areas where the local court has recently closed.

Answer (Lucy Frazer)

Whilst the Secretary of State for Justice has not specifically discussed with the Home Secretary the potential additional financial costs on police forces in areas where the local court has recently closed, HM Courts and Tribunal Service conducts public consultations when court closures are proposed. These consultations invite views from any affected police forces, and local Police and Crime Commissioners. The Secretary of State takes into account the responses received before deciding how to proceed.

22 May 2018, 4:57 p.m. Courts: Closures Holly Lynch

Question

To ask the Secretary of State for Justice, whether he has received representations on the availability of independent domestic violence advisers to attend court in areas where the local court has recently closed.

Answer (Lucy Frazer)

Whilst the Secretary of State for Justice has not specifically received any representations on the availability of independent domestic violence advisors in areas where the local court has recently closed, HM Courts and Tribunal Service conducts public consultations when court closures are proposed. These consultations seek views from court users, including those providing victim support services and prior to making a decision on court closures the Secretary of State takes into account the responses received before deciding how to proceed.

21 May 2018, 4:02 p.m. Truancy: Fixed Penalties Holly Lynch

Question

To ask the Secretary of State for Justice, what the average time taken to schedule a court date in cases of unpaid penalty notices for non-attendance at school in each year since 2015 is.

Answer (Lucy Frazer)

The information requested is not held centrally.

21 May 2018, 4:02 p.m. Courts: Closures Holly Lynch

Question

To ask the Secretary of State for Justice, what estimate he has made of the number of incidents of victims and suspects travelling on the same bus or train to court in areas where the local court has closed; and if he will make a statement.

Answer (Lucy Frazer)

The possibility of parties to a case travelling to court by the same form of public transport is one that exists prior to a court closure.

If a party to a case believes that they will travel to court on the same bus or train as another party and is concerned for their safety, the court may consider applications to be represented at court by other means.

17 May 2018, 5:21 p.m. Courts: West Yorkshire Holly Lynch

Question

To ask the Secretary of State for Justice, how many cases were summonsed in (a) 2018, (b) 2016, (c) 2010 in West Yorkshire.

Answer (Lucy Frazer)

The information requested for 2010 and 2016 can be found in the table below. Information for 2018 is not available.

West Yorkshire

Calendar Year

Summons

2010

47,382

2016

7,578

17 May 2018, 5:20 p.m. Right of Search: West Yorkshire Holly Lynch

Question

To ask the Secretary of State for Justice, how many search warrants were issued for properties in west Yorkshire in (a) 2018, (b) 2015 and (c) 2010.

Answer (Lucy Frazer)

The data requested is not available for any period prior to June 2016 when a national Applications Register was implemented. Information for 2018 is not available.

17 May 2018, 4:44 p.m. Domestic Violence: West Yorkshire Holly Lynch

Question

To ask the Secretary of State for Justice, what the (a) average and (b) longest waiting time was for a domestic violence charge to be heard in a court in (a) Calderdale and (b) West Yorkshire in each year since 2010.

Answer (Lucy Frazer)

The information requested could only be obtained at disproportionate cost.

17 May 2018, 4:42 p.m. Magistrates' Courts: Calderdale Holly Lynch

Question

To ask the Secretary of State for Justice, how many and what proportion of cases heard at Calderdale Magistrates Court are now heard in (a) Bradford, (b) Huddersfield and (c) Leeds.

Answer (Lucy Frazer)

All cases which would previously have been heard in Calderdale Magistrates’ Court are now heard in Bradford Magistrates’ Court.

17 May 2018, 4:40 p.m. Courts: Closures Holly Lynch

Question

To ask the Secretary of State for Justice, what estimate his Department has made of the number of cases that were (a) lost and (b) dropped in areas where the local court has closed in each of the last five years.

Answer (Lucy Frazer)

This information could only be obtained at disproportionate cost.

17 May 2018, 4:39 p.m. Courts: Video Conferencing Holly Lynch

Question

To ask the Secretary of State for Justice, what estimate he has made of the percentage of courts which currently have the technological capacity to host video links.

Answer (Lucy Frazer)

All criminal courts have access to video links and we are increasing the availability of video links across the civil and family courts. Combined, around 90% of courts have this technology.

11 Jul 2017, 3:28 p.m. Alzheimer's Disease: Powers of Attorney Holly Lynch

Question

To ask the Secretary of State for Justice, what assessment his Department has made of the adequacy of safeguards for people living with Alzheimer's from those appointed with lasting power of attorney who act against their best interests.

Answer (Dr Phillip Lee)

When someone makes a Lasting Power of Attorney (LPA) a ‘certificate provider’ is required to be impartial and sign the application to certify that the donor is making the LPA by choice, has not been put under any pressure and understands its implications.

Under the Mental Capacity Act 2005 the holder (‘donee’) of a LPA must act in the donor’s best interests, whatever the cause of loss of capacity. The Court of Protection (CoP) has the power to revoke a power of attorney if the donee acts in a way that is not in the donor’s best interests. There may also be a criminal investigation.

Any concerns about the use of a power of attorney should notify the Office of the Public Guardian (OPG) which registers LPAs and has the power to investigate. The OPG acts on such ‘safeguarding referrals’ from relatives, local authorities, care homes and financial institutions. OPG works with organisations such as the CoP, local authorities and the police to protect donors.

OPG received a total of 2,681 safeguarding referrals during 2015/16 and investigated 876 cases, of which 151 cases resulted in an application to the CoP.

11 Jul 2017, 3:28 p.m. Vulnerable Adults: Powers of Attorney Holly Lynch

Question

To ask the Secretary of State for Justice, whether an assessment is made of an individual's capacity in the appointment of an attorney with lasting power of attorney.

Answer (Dr Phillip Lee)

When someone makes a Lasting Power of Attorney (LPA) a ‘certificate provider’ is required to be impartial and sign the application to certify that the donor is making the LPA by choice, has not been put under any pressure and understands its implications.

Under the Mental Capacity Act 2005 the holder (‘donee’) of a LPA must act in the donor’s best interests, whatever the cause of loss of capacity. The Court of Protection (CoP) has the power to revoke a power of attorney if the donee acts in a way that is not in the donor’s best interests. There may also be a criminal investigation.

Any concerns about the use of a power of attorney should notify the Office of the Public Guardian (OPG) which registers LPAs and has the power to investigate. The OPG acts on such ‘safeguarding referrals’ from relatives, local authorities, care homes and financial institutions. OPG works with organisations such as the CoP, local authorities and the police to protect donors.

OPG received a total of 2,681 safeguarding referrals during 2015/16 and investigated 876 cases, of which 151 cases resulted in an application to the CoP.