Asked by: Holly Lynch (Labour - Halifax)
Question to the Ministry of Justice:
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.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
This information could only be obtained at disproportionate cost.
Asked by: Holly Lynch (Labour - Halifax)
Question to the Ministry of Justice:
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.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
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.
Asked by: Holly Lynch (Labour - Halifax)
Question to the Ministry of Justice:
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.
Answered by 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.
Asked by: Holly Lynch (Labour - Halifax)
Question to the Ministry of Justice:
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.
Answered by 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.
Asked by: Holly Lynch (Labour - Halifax)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many magistrates have resigned their position (a) in 2016, (b) in 2015 and (c) since 2010.
Answered by Oliver Heald
The requested information is provided below. Figures are compiled by financial year.
(a) Since 1st April 2016 to date, there have been 842 resignations
(b) During the financial year 2015/16, there were 952 resignations
(c) Since 1st April 2010 to date, there were 8,253 resignations
This Government values the judiciary greatly. A strong, independent judiciary is essential for a modern, democratic society and we do not take for granted the central role judges play in upholding the rule of law and delivering justice. Our judges and magistrates are rightly held in high regard around the world. Magistrate remains a sought after role and competition for vacancies tends to be strong.
Asked by: Holly Lynch (Labour - Halifax)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the Spending Review and Autumn Statement 2015, how much of the £700m fund for updating the technology on the courts and tribunals estate was spent prior to October 2015.
Answered by Shailesh Vara
The five-year £700m modernisation programme of the courts and tribunals, will build a justice system that is swifter and more certain. This programme incurred expenditure of c.£10.2m for the six months to end September 2015.
Asked by: Holly Lynch (Labour - Halifax)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to his Written Statement of 11 February 2016, HCWS540, on HM Courts and Tribunals Service estate, whether his Department's plans for updating the technology of that estate have been revised following that announcement of additional court closures; and if he will publish his plans for technology investments in the Calderdale Local Justice area over the next four years.
Answered by Shailesh Vara
The overall investment plans have not been changed following the recent announcements of court closures. No new technology equipment will be installed into courts that are now planned to close.
In regards to the Calderdale local justice area, the HMCTS Reform programme is designed to deliver an improved service nationwide. There is no intention to publish plans specifically for technology investments in the Calderdale Local Justice area.
Asked by: Holly Lynch (Labour - Halifax)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what criteria are used to determine when a non-molestation order is the appropriate course of action.
Answered by Mike Penning
Determining when a molestation order is an appropriate course of action is a judicial decision. The court will consider the evidence before it and all the circumstances of each case in determining whether to make a non-molestation order and what duration and conditions to set out. The court also has the power to make a non-molestation order on its own initiative in any family proceedings if it considers it would be of benefit to any party or relevant child.
Asked by: Holly Lynch (Labour - Halifax)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what provisions are in place to ensure that provision of court time for non-molestation orders between parents is dealt with as a matter of urgency.
Answered by Caroline Dinenage
The family court takes the issue of domestic violence extremely seriously and can list urgent applications for a non-molestation order for the same day.
Asked by: Holly Lynch (Labour - Halifax)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when he plans to respond to Question 18949, tabled by the hon. Member for Halifax on 7 December 2015.
Answered by Shailesh Vara
I can confirm that the answer to PQ 18949 was given on the 29th February 2016.