Mental Capacity Act 2005: Small Payments Scheme

Lord Ponsonby of Shulbrede Excerpts

Thursday 2nd March 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, first, I pay tribute to the noble Lord, Lord Young, for his tenacity on this issue. Does the Minister agree with me that, while the vast majority of parents and carers will act in the best interests of their loved ones, proper processes still need to be in place to protect the assets of vulnerable people? The Government have said, and the Minister repeated just now, that they intend to improve the processes of going through the Court of Protection—specifically, improving processing times and simplifying court forms. Can the Minister say what progress has been made in this regard?

[Lord Bellamy (Con)]

My Lords, yes; I am able to fully agree with the noble Lord, Lord Ponsonby. We identified two problems. The first was the clunky—if I may use that expression—procedures of the Court of Protection, and the second was a general lack of awareness of the general law under the 2005 Act. On the first, the Court of Protection has in the meantime been digitalised. As from this month, anyone can apply online for the relevant authorisation, known as a “deputyship”. The relevant pilot reduced waiting times from 24 weeks to eight weeks, and the court forms are being worked on at the moment with a view to making them simpler and more user-friendly. So, there is good progress at the level of the Court of Protection. On the second problem, the general awareness of the need to observe the 2005 Act, we are in the process of a cross-government consultation to improve and raise public awareness.