Asked by: Danny Kruger (Reform UK - East Wiltshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to ensure that a certificate provider for a Lasting Power of Attorney application is aware their role is to ensure the donor understands the information relevant to the decision, can retain that information, and use or weigh up that information as part of the process of making the decision.
Answered by Mike Freer
The certificate provider is a crucial safeguard during the creation of a lasting power of attorney (LPA). They sign to state that the person making the LPA understands it, is not being pressured into making it and there is no evidence of fraud. A modernised LPA service must provide additional support to certificate providers, so they are confident and mindful of their role, including the part the functional test (understanding, retaining, weighing and communicating information relevant to the decisions made) plays in carrying out that role.
My department is therefore considering the best way to achieve this, including potential changes to the certificate that is signed, the forms more generally and supporting guidance. Testing and iterating any changes with stakeholders and users will be critical to ensure we achieve the core aim that the certificate provider understands what they need to do and has confidence taking on the role.
Asked by: Danny Kruger (Reform UK - East Wiltshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when the replacement programme for the suspended Domestic Abuse Perpetrator Programme in June 2022 will be implemented; and whether his Department has made an assessment of the likelihood that perpetrators of domestic abuse who have not joined a new programme are still able to have regular contact with their victims before course completion.
Answered by Edward Argar
The Government is actively considering options to address the current lack of Domestic Abuse Perpetrator Programmes in the family court. We are working with providers and the domestic abuse sector to explore interim arrangements, including potential new referral mechanisms, ahead of developing a revised model of support for domestic abuse cases in the family court.
The welfare of the child is the paramount consideration in any decision made by the court regarding child arrangements and the Government is working closely with stakeholders across the system to understand the impact the current change in provision has had on children and families. A timetable for the introduction of the new domestic abuse intervention offer will be confirmed in due course.
The Government has introduced a number of protections for survivors of domestic abuse in the family court. The Domestic Abuse Act prohibits cross-examination of victims by perpetrators and provides automatic eligibility for special measures for victims of domestic abuse in the family courts. The Act also makes it clear that ‘barring orders’ are available where further proceedings would risk causing harm, particularly where proceedings could be a form of continuing domestic abuse