Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment his Department has made of the potential impact of financial abuse by negligent Financial Deputies on vulnerable adults under the court of protection.

When the Office of the Public Guardian (OPG) receives notice that the court has appointed a deputy to manage the finances or a person who lacks mental capacity, it provides the deputy with access to the Mental Capacity Act Code of Practice and supporting guidance known as Deputy Standards. Those standards are published on gov.uk and provide information on legal duties and responsibilities.

OPG expects Public Authority and professional deputies to have a higher level of technical knowledge and expertise than lay deputies, such as family members. For lay deputies, OPG provides initial support to help them meet their responsibilities competently. All deputies are subject to supervision by OPG and that process requires the deputy to submit annual accounts. Where a deputy fails to meet the Deputy Standards, they may be asked to complete a number of corrective actions. A significant breach of the standards may result in an application to the Court of Protection to remove the deputy.

If someone believes a deputy has breached their duties, they can report the matter to OPG. Under Section 58 of the Mental Capacity Act 2005 OPG has the power to deal with complaints or representations about the way in which a deputy is exercising their powers, including any alleged financial mismanagement or abuse. Where necessary, OPG refers cases to the Court of Protection and other agencies such as local authorities or the police.