Oral Answers to Questions

Debate between Sarah Sackman and Lisa Smart

Tuesday 28th January 2025 Commons Chamber

[Lisa Smart (Hazel Grove) (LD)]

17. What steps she is taking to reduce processing times for deputyship applications by the Court of Protection.

[The Minister of State, Ministry of Justice (Sarah Sackman)]

Applications for deputyship to the Court of Protection play a vital role when people need to be able to make decisions for loved ones who lack capacity. It is important to support those people through prompt and efficient processes. His Majesty’s Courts and Tribunals Service has been implementing an improvement plan, driving down waiting times by recruiting more staff, enhancing judicial capacity, digitising application forms, and implementing a new case management system.

[Lisa Smart]

One of my constituents has contacted me to ask why he has been waiting nine long months for a decision from the Court of Protection on his deputyship application. He needs to secure the deputyship in order to make crucial decisions for a vulnerable loved one. Another constituent, in a similar position, waited for two months without any acknowledgement that his application was being looked into. Their experiences are not unique; solicitors and judges alike acknowledge the systemic delays plaguing the system. Does the Minister agree that such long delays in processing times are unacceptable, and what does she think is acceptable?

[Sarah Sackman]

I agree with the hon. Lady that such delays are not acceptable, and I am sorry to hear of the distress that this will have caused. It is right that we continue to invest in our improvement plan and continue to see progress with digitisation. Digitising the application forms is a first step, but we want to see end-to-end digitisation, which we know is resulting in decent progress and has sped up those times over recent months. There is more to do, and we shall do it.

--- Later in debate ---

[Sarah Sackman]

That case of that little girl, Sara Sharif, is one of the most tragic of recent times, and I know that that view is shared right across the House. That is why a safeguarding review is under way to look at all the agencies that were involved and should have been protecting that little girl from those who ended up killing her. We are looking at the presumption: there is a review, and we will consider the findings of that review and publish our response in due course.

[Lisa Smart (Hazel Grove) (LD)]

My constituent, who is a British citizen and the mother of two young children, faces the prospect of being forced to return to Poland to accompany those children under the Hague convention on the civil aspects of international child abduction, having fled escalating domestic abuse. If she does, her inability to speak the language or work will leave her entirely dependent on her abuser, even though he is barred from contacting her. Will the Minister work with me to ensure that domestic abuse is explicitly recognised as a valid defence against return orders of this type?

[Sarah Sackman]

I thank the hon. Lady for her question, and I invite her to write to me about that specific case, which sounds like it throws up a very difficult set of factual circumstances that I would like the opportunity to consider.