08 October 2008
Local Government House, Smith Square, London
Justice Minister Bridget Prentice has given a speech at the first open meeting of the Public Guardian Board, a body set up under the Mental Capacity Act to scrutinise and review the work of the Office of the Public Guardian.
The Parliamentary Under Secretary of State, Ministry of Justice (Bridget Prentice):
Thank you Rosie [Varley, Chair of the Public Guardian Board] for presenting the report and thanks for your kind words and support to me over the year. I'm delighted to be invited by the Board to speak at its first public meeting. And I'm pleased to see so many of you here today, representing all sectors of the community. You have now presented the Lord Chancellor with its annual report on the Public Guardian's first year of operation and on behalf of the Lord Chancellor thank you.
Firstly, I'd like to thank the members of the Board for the valuable work they've undertaken over the first year, and also in the period leading up to the introduction of the Act in October last year. I've never been more pleased to see first hand the enthusiasm and commitment that the Board has shown in their duties and I thank them for their report. Because the report will be a valuable tool in planning the way forward for the Office of the Public Guardian, and I urge all of you to read it.
This morning, I'd like to touch on some of the key issues in the report, including applications for Lasting Powers of Attorneys and the need for structured engagement.
The Act
I think the Mental Capacity Act 2005 is a landmark piece of legislation, promoting choice and protection for some of the most vulnerable members of society. The Act provides, for the first time, a clear legal framework within which care, support and treatment can be provided for the two million people in England and Wales who lack the capacity to make decisions for themselves.
The Act has created a robust framework to put the needs and wishes of those who suffer from mental disability at the forefront of decision-making. So I was delighted to be given the opportunity to take up the reins of this legislation in June of last year.
The Board
The role of the Board - in looking at how the Public Guardian fulfils his statutory functions - is critical to the effective operation of the Act. Before last year I had no personal experience, but recently my sister has had to become power of attorney for our mother so I have felt first hand the importance and difficulty of these decisions.
I've met with the full Board and I'm pleased to see them again today. The members of the Board have a wealth of experience across the business community and in a variety of roles in the health and care sectors. This gives a unique and invaluable perspective to their work - and is one of the reasons the Board's first report is so enlightening.
Before I go any further, I'd like to place on record my thanks to Richard Brook, the first Public Guardian, for his work in creating and launching the Office of the Public Guardian. The Board has my full support, and I encourage its members to keep me and senior officials in the Ministry of Justice fully informed and engaged in your work. I'm committed to continuing the dialogue we've started.
The Board is rightly critical of aspects of the performance of the Office of the Public Guardian last year and I welcome its recommendations and suggestions for improvement. I will however leave the detailed response to the recommendations to Martin [John, the current Public Guardian], when he talks later today, about the way forward for the Office of the Public Guardian.
Performance and Lasting Powers of Attorney
The Board has an important role to play in reviewing and monitoring the performance of the Public Guardian and his office. That performance is very much at the heart of how the public perceives the success, or otherwise, of the Mental Capacity Act.
I'd like to touch briefly on one area of performance which is identified as a key issue in the Board's report: Lasting Powers of Attorney.
I know from speaking with some people here and others, and from my ministerial correspondence, that a key problem the Office of the Public Guardian has faced has been the registration of Lasting Powers of Attorneys.
Yet the introduction of Lasting Powers of Attorneys under the Act was one of the key means of providing people with choice over how their affairs were to be managed. Both their financial affairs, and questions of their health and welfare.
The core of the problem - and I think this is now well documented and understood - has actually been the tremendous take-up, by the public, of Lasting Powers of Attorneys. So I think it would be fair to say that the Office of the Public Guardian has, in one sense, been a victim of its own success. The expectation last summer was that around 2,600 applications would be received each month, for the first six months of operation, rising to 3,500 applications per month from April 2008.
This was the plan, but what actually happened was that since January we've seen a steady increase each month and in September, the Office of the Public Guardian received almost 7,500 applications to register a power of attorney. Since the New Year, the Office has received an average of around 7,000 applications per month. I know this has been a huge shock to the system.
But at the same time, I believe that the Office of the Public Guardian should have been quicker to recognise, and react to, that increase in volumes. And I don't underestimate the problems this caused for many of you sitting here today who relied upon its service or relied on it on behalf of others.
I'm very glad to say that the Office of the Public Guardian has recruited additional staff to cope with the volume of work generated, and has successfully dealt with the arrears of applications. Crucially, the Office of the Public Guardian is now providing the service to the public we are entitled to expect.
However, I say to Martin and his staff, this is no time to rest on your laurels. I know that Martin and his team aren't complacent, and I'm confident that they'll respond to this challenge with fervour. Martin is fully aware that the public expect his office to maintain an efficient, prompt service. I'll be holding him to this, and so will the Board.
The Board will continue to review performance on registration and, in the future, will look at whether the Office of the Public Guardian is in a position to increase further take-up by the public through the active promotion of Lasting Powers. I think this is really important; at the minute the Office of the Public Guardian is reactive, but I want them to be reactive - hands up who here doesn't have a Lasting Power of Attorney?
Engagement
Another key issue is the need for both the Board and the Office of the Public Guardian to engage in a structured way with stakeholders.
It's essential to the effective operation of the Board and the Office that they maintain regular and honest dialogue with those who use their services. Individuals, and those who use the service for others, have an invaluable role to play in influencing the future direction of the Office of the Public Guardian and in helping it to shape and meet its objectives.
This sort of engagement will be particularly crucial in the process of the review of the Mental Capacity Act.
The Act was a landmark and a huge step forward in setting out the rights of, and protection for, people who may lack capacity now or in the future. It was a long time in coming and much work has been done on it, and the structures are now in place to bring it to full effect. But it is incumbent on all of us to ensure that the Act continues to achieve the objectives of those who campaigned for it over many years. And I've no doubt that the considerable expertise and experience of all of you here today in this room will be invaluable in shaping its future direction.
I know Martin and his team will be seeking your input on the review of the Act - and I understand Martin will be speaking about that later today.
I also know that Rosie Varley, and the Board, and Martin John, all place creating effective partnerships with the people and organisations they represent very much at the top of their list of priorities.
I really do urge you to engage with the Board and with the Office of the Public Guardian, both now and in the future.
Conclusion
Let me finish by saying this is actually an important and exciting time for the Board and for the Office of the Public Guardian. The 2005 Act is a major opportunity for us to improve access to justice and to uphold rights that for many years lacked real protection.
We've come a long way since last October, it's been a bumpy ride, but I think we're now moving into smoother waters. The needs and wishes of those who suffer from mental disability are now at the forefront of decision-making. For the first time, we have a Code of Practice that provides practical guidance for all those - carers, family, health, legal and banking professionals - who are faced on a daily basis with the need to make a decision on someone else's behalf.
We've a new Court of Protection, where all decisions made affecting a client are made by a judge, and are subject to the rigours of review and appeal.
We've a new post holder, the Public Guardian, with a statutory duty to supervise deputies appointed by the court, to review and investigate the decisions made by deputies where this is considered appropriate, and to register powers of attorney.
And we've a Public Guardian Board committed to fulfilling its statutory role of scrutinising the Public Guardian and keeping ministers alert to its findings.
These are all major steps forward, and I thank all of you for your commitment to build upon them, but build on them we must and build on them we will. Thank you very much.