Asked by: Lord Patten (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the number of new prison officers being recruited in meeting the needs of (1) inmate security, and (2) prison security.
Answered by Lord Wolfson of Tredegar - Shadow Attorney General
Prison officers play an essential role in keeping the public safe and protecting those in our care from harm. They contribute to the security of a prison in many ways, from building positive relationships with prisoners, to preventing contraband entering the prison, to supervising daily prisoner activities.
We plan and assess prison regimes and take into account factors such as operational capacity and prison type to ensure there are sufficient staff to meet the needs of prisoners and ensure security. This informs workforce modelling and our ongoing efforts to attract people from diverse backgrounds and with the appropriate skills to work in our establishments.
In recent years, investment into prisons has led to a significant increase in the number of frontline prison officers and further developments in policy have enabled the creation of specialist roles such as prison officer keyworkers to better support the needs of prisoners or dedicated teams of officers recruited to search prisons for contrabands as part of our wider £100m investment in prison security. This investment has also seen the expansion of our counter-corruption teams to address the small minority of prison officers who act outside the law.
It is difficult to assess the long-term impact of recruitment on prison security. Our response to the Covid-19 pandemic has meant operating restricted regimes, with greater control measures being in place. This will be a priority in the future.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government which Department has the overall responsibility for policy to ensure that young people without capacity can access child trust funds after reaching 18 years of age.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
Her Majesty’s Treasury is responsible for the policy for Child Trust Funds, including the fact that they can be accessed when a child reaches 18 years of age. However, the Mental Capacity Act 2005, which governs the processes around how to obtain the legal authority to manage the finances of people who lack the mental capacity do so for themselves, is the responsibility of the Ministry of Justice.
Consequently, policy surrounding access to Child Trust Funds of young people that lack mental capacity is ultimately the remit of the Ministry of Justice.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what estimate they have made of the number of young people who do not have the required mental capacity to make the decision to access a Child Trust Fund at the age of 18; and what steps they are taking to ensure that such young people do have access to those funds.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
We do not have figures to show what proportion of young people who wish to access a Child Trust Fund at age 18 may lack the mental capacity to make financial decisions.
While the parents (or a guardian) of children with disabilities can make decisions on their child’s behalf, once their child turns 18 this situation changes. In order for the parents of adult children to make decisions on their behalf, including in relation to their financial affairs, they must be granted legal powers to do so, either by a Lasting Power of Attorney or by authorisation from the Court of Protection - the specialist court that deals with issues concerning a lack of capacity.
We are working with financial institutions to ensure that the parents of young people who do not have the required mental capacity to make the decision to access a Child Trust Fund at age 18 receive advance information about Lasting Powers of Attorney and the possible need to make an application to the Court of Protection, so that the necessary legal powers to access the accounts are obtained in advance of the Child Trust Fund maturing.
Fees are payable to register Lasting Powers of Attorney and for applications to the Court. We recognise that these fees may be difficult for some people to afford. Help with Lasting Power of Attorney registration fees, Court of Protection fees and deputy supervision fees is available, depending upon the financial circumstances of the person who lacks mental capacity, and in some cases a full fee exemption may be available.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the interactions between the (1) legal, and (2) judicial systems, in the UK and Poland.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The interaction between the Polish and UK legal systems is conducted within a framework of international law and practical cooperation.
The UK Government has not held any assessment of the interactions between judicial systems in the UK and Poland. The separation of powers doctrine underpins the UK’s constitutional framework. The UK Government upholds the fundamental tenet of judicial independence. Judges are free to engage with other judiciaries independently without interference or oversight from the Executive. Any oversight of such activities would be for the Lord Chief Justice.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the interactions between the (1) legal, and (2) judicial systems, in the UK and Hungary.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The interaction between the Hungarian and UK legal systems is conducted within a framework of international law and practical cooperation.
The UK Government has not held any assessment of the interactions between judicial systems in the UK and Hungary. The separation of powers doctrine underpins the UK’s constitutional framework. The UK Government upholds the fundamental tenet of judicial independence. Judges are free to engage with other judiciaries independently without interference or oversight from the Executive. Any oversight of such activities would be for the Lord Chief Justice.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how many judicial reviews were conducted in England and Wales in each year from 1990 to 2019.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The table sets out the number of judicial reviews that were conducted in the High Court (Administrative Court) of England and Wales each year between 1999- Q3 2019. These are substantive hearings, and not applications for permission to apply for judicial review. They include all outcomes, including the substantive decision of ‘withdraw’. Unfortunately, statistics from before this time were unobtainable in the time available. Data for Q4 2019 is due to be published on 5th March 2020.
The table also includes the number of judicial review disposals in the Upper Tribunal (Immigration and Asylum) Chamber from 2013 (when cases started to be heard there) and until Q3 2019. Importantly, this statistic includes all applications for permission to apply for judicial review, and not just the substantive hearings in stark contrast to the above number quoted for the Administrative Court, which only accounts for substantive hearings. The figures cannot be broken down into hearings conducted in the time available.
Year | Judicial review in the High Court (Administrative Court) | Judicial reviews in the UTIAC (Upper Tribunal Immigration and Asylum Chamber) |
| Substantive cases heard | Disposals (inc.applications rejected) |
1999 | 1,117 |
|
2000 | 1,207 |
|
2001 | 729 |
|
2002 | 420 |
|
2003 | 420 |
|
2004 | 334 |
|
2005 | 392 |
|
2006 | 461 |
|
2007 | 421 |
|
2008 | 419 |
|
2009 | 488 |
|
2010 | 477 |
|
2011 | 485 |
|
2012 | 541 |
|
2013 | 546 | 329 |
2014 | 392 | 12,708 |
2015 | 374 | 18,788 |
2016 | 331 | 15,012 |
2017 | 315 | 11,488 |
2018 | 219 | 9,971 |
2019 Q1-Q3 | 57 | 6,529 |
TOTAL | 10,145 | 74,825 |
Asked by: Lord Patten (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what discussions they have had with the Catholic Prison Advice and Care Trust in the last five years; and what assessment they have made of the work of that charity.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
We have a longstanding relationship with the Prison Advice and Care Trust (PACT), and we recognise the crucial role that they, and other Voluntary and Community Sector (VCS) organisations, carry out in supporting offenders and delivering rehabilitative services. I am pleased to note, too, that PACT have recently been awarded the contract for the provision of family engagement services for the female estate.
We will continue to engage with PACT as we take forward Lord Farmer’s recommendations as part of our wider prison reform agenda.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government what is their assessment of whether the present changes to the number and locations of magistrate courts meet the interests of witnesses, in particular regarding their privacy and protection.
Answered by Lord Faulks
No decisions have been taken relating to the number and locations of magistrates’ courts and all responses to the ongoing consultation on the court estate will be carefully considered before any decisions are made.
Our programme of courts reform will create a more modern and efficient service which works better for victims and witnesses. Witnesses could particularly benefit from such arrangements as we seek to expand existing provision such as video links meaning witnesses do not have to attend court in person increasing their privacy and reducing risk.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government, further to the Written Answer by Lord Faulks on 26 January (HL4088), whether every prisoner identified as at risk of suicide or self-harm is automatically under the care planning system of the Assessment, Care in Custody and Teamwork process.
Answered by Lord Faulks
All Prisons must have procedures in place to identify, manage and support prisoners who are at risk of suicide or self-harm harm and to reduce that risk.
National policy requires that any prisoner identified as at risk of suicide or self-harm must be managed and supported using the Assessment, Care in Custody and Teamwork (ACCT) process. ACCT is a multi-disciplinary process, and each prisoner subject to it is managed by a team composed of a range of staff drawn from the prison and other organisations, such as healthcare and education providers.
Asked by: Lord Patten (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government, further to the Written Answer by Lord Faulks on 3 December (HL2986), what is their assessment of the amount per annum spent on reducing self-inflicted deaths in custody.
Answered by Lord Faulks
Reducing the number of self-inflicted deaths in prisons is a key priority for the Government. As is the case in society at large, there is no simple explanation with complex and individual reasons behind any suicide.
It is not possible to provide an accurate estimate of the amount per annum spent on reducing self-inflicted deaths in custody as there is a diverse range of activities being undertaken by a number of different organisations which contributes towards this.
Within NOMS, this involves a wide range of staff at all levels in establishments to manage prisoners identified as at risk, ensure that the environment is safe, decent and secure and to enhance the health and wellbeing of prisoners generally. Other staff work at NOMS headquarters and regions to learn lessons from deaths in custody and to share good practice across the estate. Outside NOMS, a wide range of stakeholders advise and support NOMS, such as the Prisons and Probation Ombudsman, Coroners, The National Suicide Prevention Strategy Advisory Group and the Ministerial Council on Deaths in Custody.
The Assessment, Care in Custody and Teamwork (ACCT) process, which is a prisoner-centred, flexible care planning system for prisoners identified as at risk of suicide or self-harm, is a multi-disciplinary process, and each prisoner subject to it is managed by a team composed of a range of staff drawn from the prison and other organisations, such as healthcare and education providers. The composition of the team will vary in each case. Providing an accurate estimate of the costs of ACCT is therefore not possible.