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93355
star this property registered interest false more like this
star this property date less than 2014-10-14more like thismore than 2014-10-14
star this property answering body
Ministry of Justice remove filter
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Prisoners: Pay more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, how much was paid in unemployment pay to offenders in each prison in England Wales under paragraph 2.2.1 of Prison Service Order 4460 in the latest (a) week, (b) month and (c) year for which data is available. more like this
star this property tabling member constituency Exeter more like this
star this property tabling member printed
Mr Ben Bradshaw more like this
unstar this property uin 210451 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-17more like thismore than 2014-10-17
star this property answer text <p /> <p>The National Offender Management Service's central accounting system has a single accounting code for Public Sector prisoners' earnings. It does not separately identify unemployment pay or details of the number of prisoners in receipt of such payments.</p><p>To obtain this information for both public and private prisons would require us to examine individual prisoner employment records from each establishment to establish those who are in receipt of unemployment pay last week, month and year and this would be a significant exercise and could only be done at disproportionate cost.</p> more like this
star this property answering member constituency South West Bedfordshire more like this
star this property answering member printed Andrew Selous more like this
star this property grouped question UIN 210452 more like this
star this property question first answered
less than 2014-10-17T13:49:27.0640382Zmore like thismore than 2014-10-17T13:49:27.0640382Z
star this property answering member
1453
star this property label Biography information for Andrew Selous more like this
star this property tabling member
230
unstar this property label Biography information for Mr Ben Bradshaw more like this
93357
star this property registered interest false more like this
star this property date less than 2014-10-14more like thismore than 2014-10-14
star this property answering body
Ministry of Justice remove filter
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Prisoners: Pay more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, how many offenders in each prison in England and Wales were eligible for unemployment pay under paragraph 2.2.1 of Prison Service Order 4460 in the latest (a) week, (b) month and (c) year for which data is available. more like this
star this property tabling member constituency Exeter more like this
star this property tabling member printed
Mr Ben Bradshaw more like this
unstar this property uin 210452 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-17more like thismore than 2014-10-17
star this property answer text <p>The National Offender Management Service's central accounting system has a single accounting code for Public Sector prisoners' earnings. It does not separately identify unemployment pay or details of the number of prisoners in receipt of such payments.</p><p>To obtain this information for both public and private prisons would require us to examine individual prisoner employment records from each establishment to establish those who are in receipt of unemployment pay last week, month and year and this would be a significant exercise and could only be done at disproportionate cost.</p> more like this
star this property answering member constituency South West Bedfordshire more like this
star this property answering member printed Andrew Selous more like this
star this property grouped question UIN 210451 more like this
star this property question first answered
less than 2014-10-17T13:49:27.1452362Zmore like thismore than 2014-10-17T13:49:27.1452362Z
star this property answering member
1453
star this property label Biography information for Andrew Selous more like this
star this property tabling member
230
unstar this property label Biography information for Mr Ben Bradshaw more like this
93054
star this property registered interest false more like this
star this property date less than 2014-10-13more like thismore than 2014-10-13
star this property answering body
Ministry of Justice remove filter
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Aiding and Abetting more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, what plans he has to bring forward proposals to reform joint enterprise legislation in the 2010-15 Parliament. more like this
star this property tabling member constituency Liverpool, Walton more like this
star this property tabling member printed
Steve Rotheram more like this
unstar this property uin 210143 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-16more like thismore than 2014-10-16
star this property answer text <p>The law on joint enterprise means that if two or more people share an intention to commit an offence and the offence is subsequently committed, all parties involved can be prosecuted for that offence. They may also be liable for any collateral offences which they foresaw might be committed by other members of the group in the course of putting their plan into effect. But they would not be liable for any offences that were fundamentally different from anything they foresaw or if they had taken steps to withdraw from the enterprise before the plan was carried out.</p><p> </p><p>The law serves a useful purpose in bringing to justice all those who have been involved in the commission of an offence. We therefore have no plans to review or amend it during the life time of this Parliament or to meet with representatives of the campaign group Joint Enterprise: Not Guilty by Association.</p><p> </p> more like this
star this property answering member constituency Hemel Hempstead more like this
star this property answering member printed Mike Penning more like this
star this property grouped question UIN 210215 more like this
star this property question first answered
less than 2014-10-16T14:08:02.9479928Zmore like thismore than 2014-10-16T14:08:02.9479928Z
star this property answering member
1528
star this property label Biography information for Sir Mike Penning more like this
star this property tabling member
4035
unstar this property label Biography information for Steve Rotheram more like this
92893
star this property registered interest false more like this
star this property date less than 2014-10-13more like thismore than 2014-10-13
star this property answering body
Ministry of Justice remove filter
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Prisoner Escapes more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, how many prisoners in each security category are missing, having absconded from each prison in England and Wales. more like this
star this property tabling member constituency Cardiff South and Penarth more like this
star this property tabling member printed
Stephen Doughty more like this
unstar this property uin 210144 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-20more like thismore than 2014-10-20
star this property answer text <p /> <p>Absconds have reached record lows - down 80% over the last 10 years - but each incident is taken seriously, with the police contacted as a matter of urgency. Over 97% of prisoners who abscond are re-captured and returned to custody. Re-captured absconders will be returned to a more secure closed prison where they face either a criminal prosecution for absconding or an internal adjudication in prison in front of a visiting judge. In both cases they can receive additional time in prison.</p><p> </p><p>The tables below provide details of the security category and offence type of those absconders who are currently unlawfully at large having absconded between April 2004 and March 2014 (the most recent period that statistics are available). Information prior to April 2004 could only be collated by performing manual checks across different databases and could only be achieved at disproportionate cost.</p><p> </p><p><strong>Table1: Security category of absconders unlawfully at large from April 2004 to March 2014, as on 14 October 2014</strong></p><table><tbody><tr><td><p>Current Security Category</p></td><td><p>Number of absconders</p></td></tr><tr><td><p>Cat C<sup>1</sup></p></td><td><p>1</p></td></tr><tr><td><p>Cat D</p></td><td><p>72</p></td></tr><tr><td><p>Female Open</p></td><td><p>4</p></td></tr><tr><td><p>Immigration detainee <sup>2</sup></p></td><td><p>7</p></td></tr></tbody></table><p><strong> </strong></p><p><strong>Table2: Offence type of absconders unlawfully at large from April 2004 to March 2014, as on 14 October 2014</strong></p><p><strong> </strong></p><table><tbody><tr><td><p>Offence Type</p></td><td><p>Number of absconders</p></td></tr><tr><td><p>Violence against the person</p></td><td><p>11</p></td></tr><tr><td><p>Sexual Offences</p></td><td><p>1</p></td></tr><tr><td><p>Robbery</p></td><td><p>5</p></td></tr><tr><td><p>Burglary</p></td><td><p>10</p></td></tr><tr><td><p>Theft &amp; Handling</p></td><td><p>8</p></td></tr><tr><td><p>Fraud &amp; Forgery</p></td><td><p>14</p></td></tr><tr><td><p>Drug Offences</p></td><td><p>19</p></td></tr><tr><td><p>Motoring offences</p></td><td><p>1</p></td></tr><tr><td><p>Other offences</p></td><td><p>7</p></td></tr><tr><td><p>Held for Immigration Purposes <sup>2</sup></p></td><td><p>8</p></td></tr></tbody></table><p><strong> </strong></p><p> </p><p><sup>1</sup> One Category C prisoner absconded from an accompanied absence whilst out of the Cat C prison.</p><p><sup>2 </sup>Tables include absconds of immigration detainees from establishments operated as Immigration Removal Centres by NOMS under contract to the Home Office (one immigration detainee held in a Category D prison has been included as a Category D absconder in Table 1).</p><p> </p><p><em>These figures have been drawn from live administrative data systems which may be amended at any time. Although care is taken when processing and analysing the returns, the detail collected is subject to the inaccuracies inherent in any large scale recording system.</em></p>
star this property answering member constituency South West Bedfordshire more like this
star this property answering member printed Andrew Selous more like this
star this property grouped question UIN 210145 more like this
star this property question first answered
less than 2014-10-20T15:32:57.3401469Zmore like thismore than 2014-10-20T15:32:57.3401469Z
star this property answering member
1453
star this property label Biography information for Andrew Selous more like this
star this property tabling member
4264
unstar this property label Biography information for Stephen Doughty more like this
92894
star this property registered interest false more like this
star this property date less than 2014-10-13more like thismore than 2014-10-13
star this property answering body
Ministry of Justice remove filter
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Prisoner Escapes more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, how many prisoners are missing, having absconded from prisons in England and Wales, by offence type. more like this
star this property tabling member constituency Cardiff South and Penarth more like this
star this property tabling member printed
Stephen Doughty more like this
unstar this property uin 210145 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-20more like thismore than 2014-10-20
star this property answer text <p>Absconds have reached record lows - down 80% over the last 10 years - but each incident is taken seriously, with the police contacted as a matter of urgency. Over 97% of prisoners who abscond are re-captured and returned to custody. Re-captured absconders will be returned to a more secure closed prison where they face either a criminal prosecution for absconding or an internal adjudication in prison in front of a visiting judge. In both cases they can receive additional time in prison.</p><p> </p><p>The tables below provide details of the security category and offence type of those absconders who are currently unlawfully at large having absconded between April 2004 and March 2014 (the most recent period that statistics are available). Information prior to April 2004 could only be collated by performing manual checks across different databases and could only be achieved at disproportionate cost.</p><p> </p><p><strong>Table1: Security category of absconders unlawfully at large from April 2004 to March 2014, as on 14 October 2014</strong></p><table><tbody><tr><td><p>Current Security Category</p></td><td><p>Number of absconders</p></td></tr><tr><td><p>Cat C<sup>1</sup></p></td><td><p>1</p></td></tr><tr><td><p>Cat D</p></td><td><p>72</p></td></tr><tr><td><p>Female Open</p></td><td><p>4</p></td></tr><tr><td><p>Immigration detainee <sup>2</sup></p></td><td><p>7</p></td></tr></tbody></table><p><strong> </strong></p><p><strong>Table2: Offence type of absconders unlawfully at large from April 2004 to March 2014, as on 14 October 2014</strong></p><p><strong> </strong></p><table><tbody><tr><td><p>Offence Type</p></td><td><p>Number of absconders</p></td></tr><tr><td><p>Violence against the person</p></td><td><p>11</p></td></tr><tr><td><p>Sexual Offences</p></td><td><p>1</p></td></tr><tr><td><p>Robbery</p></td><td><p>5</p></td></tr><tr><td><p>Burglary</p></td><td><p>10</p></td></tr><tr><td><p>Theft &amp; Handling</p></td><td><p>8</p></td></tr><tr><td><p>Fraud &amp; Forgery</p></td><td><p>14</p></td></tr><tr><td><p>Drug Offences</p></td><td><p>19</p></td></tr><tr><td><p>Motoring offences</p></td><td><p>1</p></td></tr><tr><td><p>Other offences</p></td><td><p>7</p></td></tr><tr><td><p>Held for Immigration Purposes <sup>2</sup></p></td><td><p>8</p></td></tr></tbody></table><p><strong> </strong></p><p> </p><p><sup>1</sup> One Category C prisoner absconded from an accompanied absence whilst out of the Cat C prison.</p><p><sup>2 </sup>Tables include absconds of immigration detainees from establishments operated as Immigration Removal Centres by NOMS under contract to the Home Office (one immigration detainee held in a Category D prison has been included as a Category D absconder in Table 1).</p><p> </p><p><em>These figures have been drawn from live administrative data systems which may be amended at any time. Although care is taken when processing and analysing the returns, the detail collected is subject to the inaccuracies inherent in any large scale recording system.</em></p>
star this property answering member constituency South West Bedfordshire more like this
star this property answering member printed Andrew Selous more like this
star this property grouped question UIN 210144 more like this
star this property question first answered
less than 2014-10-20T15:32:57.4521205Zmore like thismore than 2014-10-20T15:32:57.4521205Z
star this property answering member
1453
star this property label Biography information for Andrew Selous more like this
star this property tabling member
4264
unstar this property label Biography information for Stephen Doughty more like this
93055
star this property registered interest false more like this
star this property date less than 2014-10-13more like thismore than 2014-10-13
star this property answering body
Ministry of Justice remove filter
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Aiding and Abetting more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, if he will meet the Joint Enterprise: Not Guilty by Association campaigners. more like this
star this property tabling member constituency Liverpool, Walton more like this
star this property tabling member printed
Steve Rotheram more like this
unstar this property uin 210215 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-16more like thismore than 2014-10-16
star this property answer text <p>The law on joint enterprise means that if two or more people share an intention to commit an offence and the offence is subsequently committed, all parties involved can be prosecuted for that offence. They may also be liable for any collateral offences which they foresaw might be committed by other members of the group in the course of putting their plan into effect. But they would not be liable for any offences that were fundamentally different from anything they foresaw or if they had taken steps to withdraw from the enterprise before the plan was carried out.</p><p> </p><p>The law serves a useful purpose in bringing to justice all those who have been involved in the commission of an offence. We therefore have no plans to review or amend it during the life time of this Parliament or to meet with representatives of the campaign group Joint Enterprise: Not Guilty by Association.</p><p> </p> more like this
star this property answering member constituency Hemel Hempstead more like this
star this property answering member printed Mike Penning more like this
star this property grouped question UIN 210143 more like this
star this property question first answered
less than 2014-10-16T14:08:03.2136086Zmore like thismore than 2014-10-16T14:08:03.2136086Z
star this property answering member
1528
star this property label Biography information for Sir Mike Penning more like this
star this property tabling member
4035
unstar this property label Biography information for Steve Rotheram more like this
92689
star this property registered interest false more like this
star this property date less than 2014-10-10more like thismore than 2014-10-10
star this property answering body
Ministry of Justice remove filter
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Legal Aid Scheme more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, what average hourly rate is paid to (a) external solicitors and (b) Treasury Solicitor staff working on developing the residence test for legal aid. more like this
star this property tabling member constituency Penistone and Stocksbridge more like this
star this property tabling member printed
Angela Smith more like this
unstar this property uin 209963 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-20more like thismore than 2014-10-20
star this property answer text <p>Legal aid is a fundamental part of our justice system, but resources are not limitless. Legal aid is paid for by the taxpayer and at all times we must strive to ensure that public confidence is maintained in the system.</p><p>We believe that in principle, individuals should have a strong connection to the UK in order to benefit from the civil legal aid scheme. We have therefore proposed to introduce a residence test for civil legal aid requiring applicants to be lawfully resident in the UK, Crown Dependencies or British Overseas Territories at the time they apply for civil legal aid and have resided there lawfully for at least 12 continuous months in the past.</p><p>The civil legal aid residence test is part of the Legal Aid Transformation Programme, which consists of a number of work-streams.</p><p>In April 2014, the Department’s Legal Directorate was absorbed by the Treasury Solicitor’s Department. There is no record of the hours spent by Treasury Solicitor staff in the Legal Directorate advising on the legal aid residence test policy. Treasury Solicitor staff in the Department’s Legal Directorate do not record the time spent on advising on developing the residence test for legal aid or charge the Department an hourly rate for work undertaken. The Department has not engaged any Treasury Solicitor staff on developing the policy on the residence test beyond those employed within the Department’s Legal Directorate.</p><p> </p><p>No external barristers (other than Treasury Counsel) or external solicitors were engaged by the Department on developing the residence test for legal aid. It is not possible to separate work carried out by Treasury Counsel on the development of the policy of the residence test as one work-stream from the wider programme or from the litigation relating to the policy.</p>
star this property answering member constituency North West Cambridgeshire more like this
star this property answering member printed Mr Shailesh Vara more like this
star this property grouped question UIN
209964 more like this
209965 more like this
star this property question first answered
less than 2014-10-20T14:29:41.0553993Zmore like thismore than 2014-10-20T14:29:41.0553993Z
star this property answering member
1496
star this property label Biography information for Mr Shailesh Vara more like this
star this property tabling member
1564
unstar this property label Biography information for Angela Smith more like this
92691
star this property registered interest false more like this
star this property date less than 2014-10-10more like thismore than 2014-10-10
star this property answering body
Ministry of Justice remove filter
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Legal Aid Scheme more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, how many hours have been spent by (a) external solicitors, (b) external barristers, (c) Treasury Solicitor staff and (d) Treasury Counsel engaged by his Department for advice on the legal aid residence test policy. more like this
star this property tabling member constituency Penistone and Stocksbridge more like this
star this property tabling member printed
Angela Smith more like this
unstar this property uin 209964 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-20more like thismore than 2014-10-20
star this property answer text <p>Legal aid is a fundamental part of our justice system, but resources are not limitless. Legal aid is paid for by the taxpayer and at all times we must strive to ensure that public confidence is maintained in the system.</p><p>We believe that in principle, individuals should have a strong connection to the UK in order to benefit from the civil legal aid scheme. We have therefore proposed to introduce a residence test for civil legal aid requiring applicants to be lawfully resident in the UK, Crown Dependencies or British Overseas Territories at the time they apply for civil legal aid and have resided there lawfully for at least 12 continuous months in the past.</p><p>The civil legal aid residence test is part of the Legal Aid Transformation Programme, which consists of a number of work-streams.</p><p>In April 2014, the Department’s Legal Directorate was absorbed by the Treasury Solicitor’s Department. There is no record of the hours spent by Treasury Solicitor staff in the Legal Directorate advising on the legal aid residence test policy. Treasury Solicitor staff in the Department’s Legal Directorate do not record the time spent on advising on developing the residence test for legal aid or charge the Department an hourly rate for work undertaken. The Department has not engaged any Treasury Solicitor staff on developing the policy on the residence test beyond those employed within the Department’s Legal Directorate.</p><p> </p><p>No external barristers (other than Treasury Counsel) or external solicitors were engaged by the Department on developing the residence test for legal aid. It is not possible to separate work carried out by Treasury Counsel on the development of the policy of the residence test as one work-stream from the wider programme or from the litigation relating to the policy.</p>
star this property answering member constituency North West Cambridgeshire more like this
star this property answering member printed Mr Shailesh Vara more like this
star this property grouped question UIN
209963 more like this
209965 more like this
star this property question first answered
less than 2014-10-20T14:29:41.152129Zmore like thismore than 2014-10-20T14:29:41.152129Z
star this property answering member
1496
star this property label Biography information for Mr Shailesh Vara more like this
star this property tabling member
1564
unstar this property label Biography information for Angela Smith more like this
92692
star this property registered interest false more like this
star this property date less than 2014-10-10more like thismore than 2014-10-10
star this property answering body
Ministry of Justice remove filter
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Legal Aid Scheme more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, how much in total has been paid to (a) each external solicitor, (b) each external barrister, (c) Treasury Solicitor staff and (d) Treasury Counsel engaged by his Department for advice on the policy development of the legal aid residence test. more like this
star this property tabling member constituency Penistone and Stocksbridge more like this
star this property tabling member printed
Angela Smith more like this
unstar this property uin 209965 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-20more like thismore than 2014-10-20
star this property answer text <p>Legal aid is a fundamental part of our justice system, but resources are not limitless. Legal aid is paid for by the taxpayer and at all times we must strive to ensure that public confidence is maintained in the system.</p><p>We believe that in principle, individuals should have a strong connection to the UK in order to benefit from the civil legal aid scheme. We have therefore proposed to introduce a residence test for civil legal aid requiring applicants to be lawfully resident in the UK, Crown Dependencies or British Overseas Territories at the time they apply for civil legal aid and have resided there lawfully for at least 12 continuous months in the past.</p><p>The civil legal aid residence test is part of the Legal Aid Transformation Programme, which consists of a number of work-streams.</p><p>In April 2014, the Department’s Legal Directorate was absorbed by the Treasury Solicitor’s Department. There is no record of the hours spent by Treasury Solicitor staff in the Legal Directorate advising on the legal aid residence test policy. Treasury Solicitor staff in the Department’s Legal Directorate do not record the time spent on advising on developing the residence test for legal aid or charge the Department an hourly rate for work undertaken. The Department has not engaged any Treasury Solicitor staff on developing the policy on the residence test beyond those employed within the Department’s Legal Directorate.</p><p> </p><p>No external barristers (other than Treasury Counsel) or external solicitors were engaged by the Department on developing the residence test for legal aid. It is not possible to separate work carried out by Treasury Counsel on the development of the policy of the residence test as one work-stream from the wider programme or from the litigation relating to the policy.</p>
star this property answering member constituency North West Cambridgeshire more like this
star this property answering member printed Mr Shailesh Vara more like this
star this property grouped question UIN
209963 more like this
209964 more like this
star this property question first answered
less than 2014-10-20T14:29:41.2615371Zmore like thismore than 2014-10-20T14:29:41.2615371Z
star this property answering member
1496
star this property label Biography information for Mr Shailesh Vara more like this
star this property tabling member
1564
unstar this property label Biography information for Angela Smith more like this
92679
star this property registered interest false more like this
star this property date less than 2014-10-10more like thismore than 2014-10-10
star this property answering body
Ministry of Justice remove filter
star this property answering dept id 54 more like this
star this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Powers of Attorney more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, what procedures are in place for power of attorney to be removed from a person who has abused that power; and what procedures there are for people to complain about someone who has joint power of attorney who may be abusing the fund. more like this
star this property tabling member constituency Hemsworth more like this
star this property tabling member printed
Jon Trickett more like this
unstar this property uin 209849 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-10-20more like thismore than 2014-10-20
star this property answer text <p>The Government is committed to protecting elderly and vulnerable people, and to making sure that anyone responsible for abuse is dealt with appropriately.</p><p>The Public Guardian has power to investigate cases where concerns are raised about the actions of a person or persons acting under a registered power of attorney, and to apply to the Court to revoke the power of attorney where necessary to prevent abuse. The Public Guardian can also refer cases to health and care authorities, who can act under statutory safeguarding powers to protect an individual who may be at risk, and to the police if he suspects a criminal offence has been committed.</p><p>Anyone who suspects that someone acting under a registered power of attorney is abusing that position should report any suspicion of abuse immediately to the Office of the Public Guardian by:</p><p>Email <a href="mailto:OPG.Safeguardingunit@publicguardian.gsi.gov.uk" target="_blank">OPG.Safeguardingunit@publicguardian.gsi.gov.uk</a>. or</p><p>Telephone: 0300 456 0300</p><p>A power of attorney is a private arrangement where the donor chooses who they wish to appoint and therefore the Government feels that State intervention in this process should be limited. The Lasting Power of Attorney (LPA) application process has been designed so that anyone can complete and register an LPA without the need for professional advice, though with significant safeguards (such as the need for a certificate provider to confirm that the donor has capacity and is not under duress) to cut down on fraud and abuse.</p><p>LPAs also have to be registered prior to use, which is a change from previous Enduring Powers of Attorney which only had to be registered when the donor lost capacity. In the year 2013/14, the Office of the Public Guardian registered 311,000 powers of attorney.</p><p>Requiring individuals to attend court to swear an oath would place a significant strain on court resources (as there is often more than one attorney for each power) and is likely to mean that individuals will feel that they need legal advice to assist them, which would incur legal fees. There might also be an increase in the cost of registering a power to cover the Court cost, which may lead to people not making LPAs, and therefore not being able to make provision for the future.</p><p>Under sections 22 and 23 of the Mental Capacity Act, the Court of Protection has wide-ranging powers to decide on issues relating to the operation or validity of an LPA.</p>
star this property answering member constituency Bermondsey and Old Southwark more like this
star this property answering member printed Simon Hughes more like this
star this property grouped question UIN
209850 more like this
209854 more like this
209861 more like this
star this property question first answered
less than 2014-10-20T12:13:04.4124497Zmore like thismore than 2014-10-20T12:13:04.4124497Z
star this property answering member
194
star this property label Biography information for Simon Hughes more like this
star this property tabling member
410
unstar this property label Biography information for Jon Trickett more like this