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1670451

	registered interest
	date	15/11/2023
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Court of Protection
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask His Majesty's Government what assessment they have made of the difficulty of appointing a Court of Protection deputy for those people whose assets are so low that professional private sector deputies consider that their estate is insufficient to meet their costs.
	tabling member printed	Lord Hunt of Kings Heath
	uin	HL355
	answer	answer is ministerial correction date of answer 28/11/2023 answer text <p>Most often, a deputy is a close relative or friend of the person or a local authority which is working with them rather than a private sector deputy. Additionally, in cases where the assets are low, the Court of Protection may decide that a full deputyship is not even required and may grant a one-off order.</p><p>Professional private sector deputies are of course aware when they take up the role that costs are payable out of an estate and will be proportionate to the value of the assets to be managed. The role of a panel deputy is to take on cases where no other person is willing or able to act, including cases with low assets.</p><p>The Department is not aware of any impact on access to justice for vulnerable people who lack capacity due to the inability of the court to appoint a family member, friend, professional private sector deputy or panel deputy to manage their affairs. Consequently, no specific assessment has been made.</p><p>Legal aid is available for advice and assistance under the Mental Capacity Act 2005 subject to the applicant passing the legal aid means and merits tests. Legal Aid is not available for the ongoing costs of a professional private sector deputy.</p> answering member printed Lord Bellamy grouped question UIN HL356 HL357 question first answered 28/11/2023 16:12:00 answering member 4941 label Biography information for Lord Bellamy
	tabling member	2024 label Biography information for Lord Hunt of Kings Heath

1670453

	registered interest
	date	15/11/2023
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Court of Protection
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask His Majesty's Government what assessment they have made of the impact on access to justice for vulnerable people of local authorities, charities and advice agencies being unable to apply for a Court of Protection panel deputy for those whose assets are so low that professional private sector deputies consider that their estate is insufficient to meet their costs.
	tabling member printed	Lord Hunt of Kings Heath
	uin	HL357
	answer	answer is ministerial correction date of answer 28/11/2023 answer text <p>Most often, a deputy is a close relative or friend of the person or a local authority which is working with them rather than a private sector deputy. Additionally, in cases where the assets are low, the Court of Protection may decide that a full deputyship is not even required and may grant a one-off order.</p><p>Professional private sector deputies are of course aware when they take up the role that costs are payable out of an estate and will be proportionate to the value of the assets to be managed. The role of a panel deputy is to take on cases where no other person is willing or able to act, including cases with low assets.</p><p>The Department is not aware of any impact on access to justice for vulnerable people who lack capacity due to the inability of the court to appoint a family member, friend, professional private sector deputy or panel deputy to manage their affairs. Consequently, no specific assessment has been made.</p><p>Legal aid is available for advice and assistance under the Mental Capacity Act 2005 subject to the applicant passing the legal aid means and merits tests. Legal Aid is not available for the ongoing costs of a professional private sector deputy.</p> answering member printed Lord Bellamy grouped question UIN HL355 HL356 question first answered 28/11/2023 16:12:01 answering member 4941 label Biography information for Lord Bellamy
	tabling member	2024 label Biography information for Lord Hunt of Kings Heath

1697309

	registered interest
	date	19/03/2024
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Court of Protection
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask His Majesty's Government what was the reason for the decision to increase the length of the COP3 assessment of capacity form from 12 to 21 pages.
	tabling member printed	Lord Blunkett
	uin	HL3363
	answer	answer is ministerial correction date of answer 03/04/2024 answer text <p>Court of Protection forms are a matter for the judiciary. The Court of Protection Rules Committee in 2022 convened an expert Working Group to review the COP3 assessment of capacity form, supported by my officials. That group recommended substantial revisions to both the format and content.</p><p>Revisions were made to reflect the outcome of a Supreme Court case (Local Authority v JB), and more broadly to improve the form’s evidential value. While longer than its predecessor, the revised form aims to provide for a more rigorous assessment of a person’s capacity and greater scrutiny of each specific decision to be made on their behalf. The Rules Committee approved those revisions, and the revised form was published in July 2023.</p> answering member printed Lord Bellamy question first answered 03/04/2024 12:56:32 answering member 4941 label Biography information for Lord Bellamy
	tabling member	395 label Biography information for Lord Blunkett