Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many applications for (a) personal welfare and (b) property and financial affairs deputyships have been made under the Mental Capacity Act 2005 in 2023; and how many of those applications have been approved.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
All deputyship applications are considered by the Court of Protection, which derives its jurisdiction and powers from the Mental Capacity Act 2005. The Court covers England and Wales and deals with a range of applications in addition to deputyship applications.
In the period 1 January to 31 March 2023, 241 personal welfare applications were made of which 2 had received decisions from the Court of Protection as of 31 March. In the same time period, 2,432 property and financial affairs applications were made, of which had 549 received decisions as of 31 March.
When looking at Court of Protection disposal figures, regard should be given to other factors such as whether the application has been made correctly and whether the court has requested further information. The latter point is particularly prevalent in regard to in health and welfare applications, which are by their nature complex. The court will often consider it needs further information before it will make a decision.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of the reasons for which probate applications are being delayed; and what steps his Department is taking to help tackle these delays.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
HMCTS currently uses Exela Technologies Limited to scan paper probate applications and original wills onto our case management system. Exela has no role in assessing applications or authorising the production of grants of probate.
The probate service received record levels of applications during 2022 and this has continued to grow with significantly higher levels of receipts during January to March 2023. Whilst HMCTS has increased resources to meet the higher demand the training and upskilling of those new and existing staff has led to applications taking longer in the short term.
HMCTS is focused on increasing outputs to reduce overall timeliness on all types of applications and the average mean length of time taken for a grant of probate, following receipt of the documents required, is 9 weeks.
Average waiting times for probate grants, are routinely published on gov.uk via Family Court Statistics Quarterly and currently cover the period up to March 2023.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, which companies are working on behalf of HM Courts and Tribunals Service to process probate applications; and what services each company is providing.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
HMCTS currently uses Exela Technologies Limited to scan paper probate applications and original wills onto our case management system. Exela has no role in assessing applications or authorising the production of grants of probate.
The probate service received record levels of applications during 2022 and this has continued to grow with significantly higher levels of receipts during January to March 2023. Whilst HMCTS has increased resources to meet the higher demand the training and upskilling of those new and existing staff has led to applications taking longer in the short term.
HMCTS is focused on increasing outputs to reduce overall timeliness on all types of applications and the average mean length of time taken for a grant of probate, following receipt of the documents required, is 9 weeks.
Average waiting times for probate grants, are routinely published on gov.uk via Family Court Statistics Quarterly and currently cover the period up to March 2023.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 2 November 2020 to Question 107142 on Evictions: Coronavirus, if he will make it his policy to suspend all evictions in the interests of public health during the period of new national covid-19 lockdown from 5 November 2020.
Answered by Chris Philp - Minister of State (Home Office)
The Lord Chancellor wrote to the High Court Enforcement Officers Association on 5 November to request that they ask their members not to enforce evictions other than in a limited number of the most serious circumstances during the period of time that the Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020 are in force.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will suspend evictions in regions with additional covid-19 public health restrictions.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Government is clear that evictions should not be carried out in areas where gatherings are not permitted in homes. Enforcement agents should not, therefore, carry out evictions in regions that have been classified as Local Alert Level 2 (high) or 3 (very high). This position has been set out in HMCTS’s operational guidance for County Court bailiffs and in guidance from the Lord Chancellor to the High Court Enforcement Officers’ Association. The Government is keeping this approach under review.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, for what reasons people are still being held under imprisonment for public protection sentences; and when he plans to review those sentences.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
Prisoners serving IPP sentences are still detained either because they have not yet served the minimum term of imprisonment or, where they have served the minimum term, because the independent Parole Board has determined that their risk remains too high for them to be safely managed in the community. Therefore in order to protect the public form the risk of serious sexual or violent harm, we have no plans to change the law in order to effect the release of IPP prisoners other than by a direction from the Parole Board.
We are committed to providing IPP prisoners with opportunities to progress to the point at which they are safe to release. Her Majesty’s Prison and Probation Service (HMPPS) has in recent years implemented a number of measures to support the progression of serving IPP prisoners.
There is clear evidence that these measures are working. IPP prisoners are being released in large numbers. As of 31 March 2020, the number of unreleased IPP prisoners who have completed their minimum tariff was 1,908. This is down from 2,198 on 31 March 2019.
The End of Custody Temporary Release scheme (ECTR), for low-risk offenders near to the end of their custodial period, excludes those whose sentence is subject to initial Parole Board release, including IPP prisoners.
Public protection is paramount. IPP prisoners are eligible for early release on compassionate grounds, either temporarily (where they are highly vulnerable to Coronavirus) or permanently (where they are suffering from a terminal condition or are physically incapacitated), though every case is subject to a full risk assessment before release is approved.
HMPPS is working closely with public health authorities to ensure that our approach to limit the spread and impact of Covid-19 in the Prison Estate, protect the health of staff and prisoners, maintain safety and order, and minimise the impact of the pandemic on the NHS is based on the best scientific advice. For those who remain in custody, HMPPS has created headroom in prisons, though new temporary buildings and the early release schemes, providing space to shield and isolate vulnerable prisoners and new entrants to custody
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, for what reasons he has not yet reviewed the sentences of people held under imprisonment for public protection sentences.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
Prisoners serving IPP sentences are still detained either because they have not yet served the minimum term of imprisonment or, where they have served the minimum term, because the independent Parole Board has determined that their risk remains too high for them to be safely managed in the community. Therefore in order to protect the public form the risk of serious sexual or violent harm, we have no plans to change the law in order to effect the release of IPP prisoners other than by a direction from the Parole Board.
We are committed to providing IPP prisoners with opportunities to progress to the point at which they are safe to release. Her Majesty’s Prison and Probation Service (HMPPS) has in recent years implemented a number of measures to support the progression of serving IPP prisoners.
There is clear evidence that these measures are working. IPP prisoners are being released in large numbers. As of 31 March 2020, the number of unreleased IPP prisoners who have completed their minimum tariff was 1,908. This is down from 2,198 on 31 March 2019.
The End of Custody Temporary Release scheme (ECTR), for low-risk offenders near to the end of their custodial period, excludes those whose sentence is subject to initial Parole Board release, including IPP prisoners.
Public protection is paramount. IPP prisoners are eligible for early release on compassionate grounds, either temporarily (where they are highly vulnerable to Coronavirus) or permanently (where they are suffering from a terminal condition or are physically incapacitated), though every case is subject to a full risk assessment before release is approved.
HMPPS is working closely with public health authorities to ensure that our approach to limit the spread and impact of Covid-19 in the Prison Estate, protect the health of staff and prisoners, maintain safety and order, and minimise the impact of the pandemic on the NHS is based on the best scientific advice. For those who remain in custody, HMPPS has created headroom in prisons, though new temporary buildings and the early release schemes, providing space to shield and isolate vulnerable prisoners and new entrants to custody
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to his Department's Guidance last updated on 4 June 2020, Coronavirus (COVID-19) and prisons, what recent steps he has taken to release prisoners held indefinitely under imprisonment for public protection sentences under the Government’s policy to release risk-assessed offenders from prison as part of the national plan to protect the NHS and save lives.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
Prisoners serving IPP sentences are still detained either because they have not yet served the minimum term of imprisonment or, where they have served the minimum term, because the independent Parole Board has determined that their risk remains too high for them to be safely managed in the community. Therefore in order to protect the public form the risk of serious sexual or violent harm, we have no plans to change the law in order to effect the release of IPP prisoners other than by a direction from the Parole Board.
We are committed to providing IPP prisoners with opportunities to progress to the point at which they are safe to release. Her Majesty’s Prison and Probation Service (HMPPS) has in recent years implemented a number of measures to support the progression of serving IPP prisoners.
There is clear evidence that these measures are working. IPP prisoners are being released in large numbers. As of 31 March 2020, the number of unreleased IPP prisoners who have completed their minimum tariff was 1,908. This is down from 2,198 on 31 March 2019.
The End of Custody Temporary Release scheme (ECTR), for low-risk offenders near to the end of their custodial period, excludes those whose sentence is subject to initial Parole Board release, including IPP prisoners.
Public protection is paramount. IPP prisoners are eligible for early release on compassionate grounds, either temporarily (where they are highly vulnerable to Coronavirus) or permanently (where they are suffering from a terminal condition or are physically incapacitated), though every case is subject to a full risk assessment before release is approved.
HMPPS is working closely with public health authorities to ensure that our approach to limit the spread and impact of Covid-19 in the Prison Estate, protect the health of staff and prisoners, maintain safety and order, and minimise the impact of the pandemic on the NHS is based on the best scientific advice. For those who remain in custody, HMPPS has created headroom in prisons, though new temporary buildings and the early release schemes, providing space to shield and isolate vulnerable prisoners and new entrants to custody