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: Jen Craft (Labour - Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps (a) his Department and (b) its public bodies are taking to (i) develop and (ii) use artificial intelligence approaches to British Sign Language.
Answered by Jake Richards - Assistant Whip
Providing British Sign Language (BSL) translations of pre-recorded audio and video content on public services is a legislative Web Content Accessibility Guidelines (WCAG) 2.2 AAA criterion. As outlined in the Government Service Standard, all digital government services must as a minimum meet Level AA. AAA is best practice.
Through the Service Standard and Service Assessments, the Government Digital Service encourages Departments to incorporate BSL into service design. In May this year, DVSA (Driver and Vehicle Standards Agency) launched the UK Government’s first British Sign Language (BSL) online translation service for candidates booking their theory test online. DVSA held a series of user research session with BSL users, with one participant calling the service ‘life-changing’.
There are opportunities to use AI to accelerate the creation of accessible content across public services. If public bodies trial the use of AI in approaches to BSL, they would be required to conform with both WCAG and the Service Standard, and must conduct research with disabled people, including Deaf users and where appropriate to the service provision, those who use sign language or a sign language interpreter to interact with the service.
Regardless of if AI generated, services must also make sure any BSL video is culturally appropriate by working with the BSL community, testing it, or getting feedback.