WIREDGOV

Public Guardian Board publishes first Annual Report

MINISTRY OF JUSTICE News Release (119/08) issued by COI News Distribution Service. 7 October 2008

Issued by Ministry of Justice on behalf of the Public Guardian Board

The Mental Capacity Act and the services it has put in place have introduced a cultural change by creating a new system of support for those who lack mental capacity in England and Wales, a report published today by the Public Guardian Board (PGB) shows.

The report 'Scrutiny, review, engagement - the first annual report of the Public Guardian Board' says that the new services, including the Office of the Public Guardian, which came into effect on 1 October last year, were long overdue and have put in place strong foundations for the future care of some of the most vulnerable people.

However rising demand for Lasting Powers of Attorney which allow people to plan for their future, resulted in delays during what was a tough first year.

The Board chair Rosie Varley said:

"The Mental Capacity Act is fundamental to ensuring the human rights of every citizen to have choice over the way they live and is a major step in putting in place the necessary regulation and access to justice to safeguard this right.

"In the first year of operation, the OPG has succeeded in raising awareness of the changes, but there have been disruption and delays caused by a surge of demand for the services, and operational difficulties in introducing new processes.

"However, there is currently significant change taking place and early indications suggest that these are making a difference."

Justice Minister Bridget Prentice welcomed the report and said:

"I am pleased with the way the Public Guardian Board has worked with the OPG this first year to ensure they remain focused despite the challenges brought by the new legislation. Their report recognises the difficulties of the year and the work being carried out by the Public Guardian Martin John and his staff to improve service delivery.

"Awareness of the Act has led to a high demand for LPAs and delays in registration. However, OPG staff have worked very hard over the summer and forms are being processed within the set time.

"The Mental Capacity Act is an important piece of legislation, enabling people to plan for the future, and also putting in place safeguards for those who have already lost capacity so that their best interest always come first. It is vital that we make the legislation work properly for people."

The Public Guardian Martin John said:

"The Public Guardian Board report recognises that this has been a tough first year. It also acknowledges that staff at the OPG have worked very hard to meet the challenges presented by new systems allowing people to plan ahead for a time when they may not be able to make decisions, and those which safeguard the welfare of people who lack mental capacity. I welcome the Board's recommendations for the future, and look forward to working with them to make the real progress and improvements that are needed.

"As part of continually looking at the way we work, and improving what we do, we will shortly be starting a thorough review of the Mental Capacity Act implementation and we want to hear what the public, stakeholders, and customers think about the legislation and about our services."

In their report, the Board recommend that:
* The MCA should be reviewed to look at organisational structures set up under the Act as well as legal aspects, and include stakeholders who have experience in using the Act or delivering services and functions under it.
* Administration of the Court of protection should be done by Her Majesty's Courts Service, who are more suited to supporting the judicial process.
* There should be more stakeholder engagement.
* The Act should have a champion to raise awareness to the wider public.

Notes to Editors
* For a copy of the report, please go to
http://www.publicguardian.gov.uk/docs/pgboard-report-1008.pdf
* The Public Guardian Board was established in June 2007, to scrutinise and review the way in which the Public Guardian discharges his functions and to make recommendations to the Lord Chancellor.
* The Board was set up under the Mental Capacity Act 2005
* For more information, please call the MOJ Press Office on 020 3334 3536.

ENDS