Asked by: Stephen Morgan (Labour - Portsmouth South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an assessment of the potential merits of bringing forward legislative proposals to require the Office of the Public Guardian to notify all nominated persons when a (a) power of attorney and (b) lasting power of attorney is made.
Answered by Mike Freer
General, otherwise known as ordinary, powers of attorney are governed by the Powers of Attorney Act 1971. They allow a donor to give power to an attorney to manage their affairs for a defined period of time. There is no requirement to name or notify nominated persons and the Public Guardian is not involved in the process. Powers of attorney are an important mechanism for supporting agency arrangements, often in a commercial context, and there are no plans to change this arrangement to require notification of nominated persons.
Lasting Powers of Attorney (LPAs) are governed by the Mental Capacity Act 2005 which requires that any nominated persons are notified at the point when an application is made to the Office of the Public Guardian to register the LPA. An application to register an LPA can be made either by the donor or by one or more attorneys named in the LPA. Currently, it is the applicant’s responsibility to notify any nominated persons. The Public Guardian maintains a register of all registered LPAs and anyone can request a free search to check if there is a registered LPA for a relative or friend.
The Powers of Attorney Act 2023, when implemented, will improve the process for notification and objections for LPAs. The Public Guardian will in future be responsible for issuing notices to the donor, their attorneys and any persons to be notified that the LPA has been received for registration and appears to be validly made. Furthermore, anyone who is aware that an LPA is being made will be able to object to its registration at an earlier stage in the process if they have concerns. These changes will strengthen the existing safeguards in the system.
Asked by: Stephen Morgan (Labour - Portsmouth South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to tackle (a) fraud and (b) misuse of Lasting Power of Attorney.
Answered by Mike Freer
Under the Mental Capacity Act 2005, execution of a lasting power of attorney (LPA) must be witnessed and a certificate provider must confirm that the donor understands the powers they are conferring on their attorney or attorneys and is not being coerced to make the LPA. A mandatory 4-week period must elapse before registration, allowing time for objections to be raised prior to registration.
Following consultation on ways to strengthen these protections, my department is working with the Office of the Public Guardian to implement a modernised LPA, facilitated by the Powers of Attorney Act 2023.
The modernised LPA will introduce identity checks for donors and certificate providers to reduce the risk that an unknown party could obtain an LPA in another person’s name without their knowledge. The certificate provider will be required to be present at execution of the LPA by the donor and a more streamlined objection process will allow anyone to object, making it easier for potential abuses to be challenged earlier in the process. These measures collectively should reduce the risk of fraudulent LPAs and abuse of the powers they confer.
Once the LPA is registered, any concerns about its use can be reported to the Office of the Public Guardian, which has authority to investigate. It can, if necessary, ask the court to remove the power for an attorney to act.
Asked by: Stephen Morgan (Labour - Portsmouth South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the Answer of 17 April 2023 to Question 176607 on Fatal Accidents Act 1976, what the basis is for his Department's assessment that an extension of eligibility for bereavement damages could lead in some cases to intrusive and upsetting investigations.
Answered by Mike Freer
The assessment is based on a strong sense that such an extension of the current legislative framework (for those eligible for bereavement damages) may lead to defendants seeking in some cases to question or challenge relationships. For example, seeking to establish whether a person was the child of the deceased person. Another example might be competing claims for an award, such as where a deceased person had both a surviving spouse and a cohabiting partner.
The Government’s position remains that it believes the existing legal framework, involving a fixed level of award and clear eligibility criteria, represents a reasonable, proportionate and practical approach.
Asked by: Stephen Morgan (Labour - Portsmouth South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has made an assessment of the effectiveness of the Damages (Scotland) Act 2011 in compensating bereaved relatives in Scotland.
Answered by Mike Freer
Any review of the system of bereavement damages in England and Wales would have regard to the legislative approach adopted in Scotland and other jurisdictions, but there are no current plans to undertake a review.
The Government’s position remains that it believes the existing legal framework, involving a fixed level of award and clear eligibility criteria, represents a reasonable, proportionate and practical approach.
Asked by: Stephen Morgan (Labour - Portsmouth South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what progress his Department has made on identifying a suitable legislative vehicle to extend eligibility for bereavement damages under section 1A of the Fatal Accidents Act 1976 to fathers of illegitimate children.
Answered by Mike Freer
The Government’s position remains that it believes the existing legal framework, involving a fixed level of award and clear eligibility criteria, represents a reasonable, proportionate and practical approach.
Asked by: Stephen Morgan (Labour - Portsmouth South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an assessment of the potential merits of launching a public consultation on updating the law on bereavement damages in England and Wales.
Answered by Mike Freer
There are no current plans to consult on reforms. The Government’s position remains that it believes the existing legal framework, involving a fixed level of award and clear eligibility criteria, represents a reasonable, proportionate and practical approach.
Asked by: Stephen Morgan (Labour - Portsmouth South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to page 9 of the report of the Association of Personal Injury Lawyers entitled Bereavement damages: a dis-united kingdom, whether he has made an assessment of the potential implications for his policy on bereavement damages of the findings of the YouGov survey on public attitude to the individual assessment of compensation claims.
Answered by Mike Freer
Any review of the system of bereavement damages in England and Wales would have regard to all relevant material, but there are no current plans to undertake a review.
The Government’s position remains that it believes the existing legal framework, involving a fixed level of award and clear eligibility criteria, represents a reasonable, proportionate and practical approach.
Asked by: Stephen Morgan (Labour - Portsmouth South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to help reduce the rate of victims of crime dropping out of criminal proceedings.
Answered by Laura Farris
Supporting victims within the criminal justice system is a top priority for the government.
The government recognises that lengthy delays in court proceedings can exacerbate the challenges faced by victims and increase the likelihood of dropouts. We are actively recruiting up to 1,000 judges across all jurisdictions in the current financial year, emphasising our commitment to reducing waiting times. We funded over 100,000 sitting days last financial year and plan to deliver the same again this financial year to ensure we can hear more cases and tackle the outstanding caseload. The continued use of 24 Nightingale courtrooms into the 2023/24 financial year further demonstrates our dedication to addressing capacity challenges and expediting the legal process.
The government is committed to providing robust support systems for victims throughout the court process. Our recent initiatives include the full rollout of pre-recorded cross-examination (Section 28) for victims of sexual and modern slavery offences across all Crown Court locations in England and Wales. This allows victims to provide evidence in a less intimidating environment, reducing the emotional strain associated with live courtroom trials. In December 2022, we launched a new 24/7 support line for victims of rape and sexual abuse, providing free, confidential emotional support to help victims cope with the challenges they may face during proceedings.
The government is also quadrupling funding for victim and witness support services by 2024/25, up from £41 million in 2009/10. This includes additional ringfenced funding to increase the number of Independent Sexual Violence Advisors (ISVAs) and Independent Domestic Violence Advisors (IDVAs) by 300, to over 1,000, by 2024/25 - a 43% increase on the number of ISVAs and IDVAs. This year (2023/24), we are providing £38 million of ringfenced funding for ISVAs and IDVAs. We know the support available from ISVAs and IDVAs make victims almost 50% more likely to stay engaged with the criminal justice process.
The Victims and Prisoners Bill, reintroduced last November carried over from the previous session, encompasses measures designed to improve the overall experience of victims in the criminal justice system, supporting them to cope, recover and see justice done. The Bill introduces a duty on local commissioners in England to collaborate in commissioning support services for victims of domestic abuse, sexual abuse and serious violence, and introduces a requirement for statutory guidance about support roles such as ISVAs and IDVAs, ensuring a more cohesive and effective support provision.
Asked by: Stephen Morgan (Labour - Portsmouth South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of the sentencing framework for perpetrators of coercive control.
Answered by Gareth Bacon - Shadow Minister (Housing and Planning)
The sentencing framework is kept under constant review by the Government. However, sentencing in individual cases is a matter for the independent courts in accordance with the sentencing guidelines, developed by the independent Sentencing Council.
The Government created the offence of Controlling and Coercive Behaviour in the Serious Crime Act 2015. Since the offence came into force in 2016, the number of people sentenced for this offence has consistently increased, nearing tenfold. The average custodial sentence length has also increased from 17.1 to 24.4 months.
In response to the independent Domestic Homicide Sentencing Review undertaken by Clare Wade KC, we have introduced legislation to create new statutory aggravating and mitigating factors for murders preceded by controlling and coercive behaviour.
The Sentencing Council have recently consulted on making a similar change to the manslaughter sentencing guideline. The Council have also introduced the Domestic Abuse Overarching Principles guideline, which came into force in May 2018. It identifies the principles relevant to the sentencing of cases involving domestic abuse, including the offence of controlling and coercive behaviour. The Council is planning to review this guideline in 2024.
Asked by: Stephen Morgan (Labour - Portsmouth South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department has made an assessment of the potential merits of creating a specific offence of manslaughter caused by coercive and controlling behaviour.
Answered by Gareth Bacon - Shadow Minister (Housing and Planning)
The government has no plans to create a specific offence of manslaughter caused by coercive or controlling behaviour.
The common law offence of manslaughter can already cover circumstances where death results from controlling or coercive behaviour or other unlawful acts. A person who intentionally encourages or assists another person to take their own life, including through a course of conduct, may also commit an offence under section 2 of the Suicide Act 1961.