Asked by: Kim Leadbeater (Labour - Spen Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment she has made of the effectiveness of the Court of Protection's communications; and whether she has had discussions with them on improving their application processes.
Answered by Heidi Alexander - Minister of State (Ministry of Justice)
The central office for the Court of Protection installed a new telephone system on 29 April 2024. This has helped the court to monitor demand and move resource to address peak call times as well as using the interactive voice response technology to direct callers to the most appropriate place for help.
Additionally, an online form for Property and Affairs Deputyship cases has enabled the digital submission of application for both legal professionals and citizens. The uptake of this digital service is at nearly 90% and it has enabled the court to process applications more quickly and efficiently. His Majesty’s Court Service is committed to continually improving this service and is looking for opportunities to expand the digital submission portal process to other types of application.
Asked by: Kim Leadbeater (Labour - Spen Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps she is taking to ensure public protection as part of her Department's early release scheme.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
Amending the automatic release point for eligible Standard Determinate Sentences to 40% (SDS40) has allowed us to end more challenging measures like End of Custody Supervised Licence which gave us less predictability and stability in release planning.
Delivery of SDS40 prioritises public safety with strict probation supervision for those released from custody and, where necessary, conditions like tagging and curfews. Should offenders breach these conditions, they face being immediately recalled to prison. A pre-release plan will be ensured for everyone leaving custody.
The Probation Service plays a crucial role in protecting the public and reducing reoffending. We are strengthening probation by building a supported, skilled and resilient workforce that can deliver high quality supervision, focused on the areas of highest risk, and delivered within manageable caseloads. In recognition of this, we are recruiting at least 1,000 new trainee Probation Officers by the end of March 2025.
Asked by: Kim Leadbeater (Labour - Spen Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 14 February 2023 to Question 140347 on Powers of Attorney: Dementia, what steps his Department is taking to help reduce the associated legal costs of obtaining a lasting power of attorney for people with dementia and diminished capacity who require a court order.
Answered by Mike Freer
The Government is supporting the Powers of Attorney Bill, a Private Members Bill, which seeks to make the process of making and registering a lasting power of attorney safer, easier and more sustainable.
During January and February 2023, the court introduced digital systems to make property and affairs deputyship applications to the court easier.
The improvements planned for the LPA service and in the Court of Protection aim to make things easier for people, so they feel able to go through the process independently without the involvement of a legal professional should they wish.
Asked by: Kim Leadbeater (Labour - Spen Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department is taking steps to help reduce the cost of obtaining lasting power of attorney for the families of people with dementia.
Answered by Mike Freer
The Office of the Public Guardian (OPG) administers lasting power of attorney (LPA) registrations. Its operating costs are entirely fee funded. The current fee, £82 for LPA registration, has reduced over time from £150 in 2007 when LPAs were first introduced, due to OPG’s work to realise efficiencies. OPG also operates a fee remission and exemption scheme for those on defined benefits or low income.
Reform of the system is now needed which is why the Government is supporting the Powers of Attorney Bill, a Private Members Bill. The Bill seeks to make the process of registering a lasting power of attorney safer, easier and more sustainable while also keeping fees affordable in the longer term.
Asked by: Kim Leadbeater (Labour - Spen Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to (a) publicise and (b) promote the (i) role and (ii) importance of lasting power of attorney orders.
Answered by Mike Freer
The Public Guardian is committed to making Lasting Power of Attorney attainable and accessible for all and I recognise that awareness of OPG’s services is key to achieving this.
OPG’s targeted Your Voice Your Decision campaign has sought to raise awareness of the benefits of LPAs and tackle common misconceptions. This has included targeted commercial and community radio advertising and working with partners to reach key audiences.
A range of social media channels are used to explain how OPG’s services can be accessed and how applications can be completed accurately. OPG maintains regular dialogue with key stakeholders to raise awareness about OPGs services and to highlight the importance of planning for the future and considering whether a lasting power of attorney is the right option. OPG also works collaboratively with stakeholders to help users make and use LPAs effectively, including through presentations delivered by OPG at stakeholder events.
The Government is currently supporting the Power of Attorney Private Member’s Bill. This will make possible reforms that will modernise and strengthen the process and enable individuals to make an LPA completely online for the first time. An improved paper process will also be introduced for those who are unable to or choose not to use the internet.
Asked by: Kim Leadbeater (Labour - Spen Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to reduce the time the Office of Public Guardian takes to process applications for Lasting Power of Attorney.
Answered by Tom Pursglove
OPG have had staff in the office throughout the COVID pandemic but the registration of Powers of Attorney is a paper-based process and, as a consequence of the pandemic impacting on the number of staff who could be present in the office, it has taken longer than usual for an LPA to be registered.
Now that COVID restrictions have ended, more staff have been able to return to the office and are working hard to reduce the backlog. OPG have also allocated extra staff to process Powers of Attorney and have used overtime and an additional night shift in order to process LPAs as quickly as possible.
OPG hope to see a reduction in processing times over the coming months.