APAD AGM Alan Eccles Chief Executive and Public Guardian Thursday, 9 th May 2013

1. APAD AGMAlan EcclesChief Executive and Public GuardianThursday, 9th May 2013 “To encourage everyone to prepare for a possible lack of mental capacity and to empower and safeguard those who lack mental capacity now.”

2. Office of the Public Guardian – Update on OPG services • OPG workloads- the challenge ahead • Transforming OPG services • Deputy Supervision • Investigations stakeholders@publicguardian.gsi.gov.uk www.justice.gov.uk/about/opg

3. Many more people across England and Walesare registering a Lasting Power of Attorney *Projected figure for 2013/14 stakeholders@publicguardian.gsi.gov.uk www.justice.gov.uk/about/opg

4. New deputies assessed for supervision stakeholders@publicguardian.gsi.gov.uk www.justice.gov.uk/about/opg

5. Safeguarding referrals made to OPG stakeholders@publicguardian.gsi.gov.uk www.justice.gov.uk/about/opg

6. Introduction of Digital LPA Tool Digital LPA service - reduces repeat information - validates customer information - offers contextual information and guidance - online payment - prints to paper… New, scalable IT system to handle growth Raise awareness about the benefits of planning ahead stakeholders@publicguardian.gsi.gov.uk www.justice.gov.uk/about/opg

7. What will follow later? Develop ‘Assisted Digital’ approach Online register Primary legislation and full digital? Digital channels to support deputies in fulfilling their duties stakeholders@publicguardian.gsi.gov.uk www.justice.gov.uk/about/opg

8. Improving OPG services to deputies • We knew that professional deputies, local authority and lay deputies have different needs. And levels of experience vary • So we did some further research. From September 2012 to February 2013 OPG’s Customer Insight team surveyed over 1,300 deputies and interviewed around 50 • We are now considering these findings in our review of how supervision works stakeholders@publicguardian.gsi.gov.uk www.justice.gov.uk/about/opg

9. Deputy Supervision – where are we now? • Current model largely unchanged since 2007 • Based on 4 levels of supervision by way of risk assessment • Cases moved between teams as perceived risk changes • However professional deputies often supervise more than 1 client • New deputies and experienced deputies have different needs stakeholders@publicguardian.gsi.gov.uk www.justice.gov.uk/about/opg

10. Supervision review • The fundamental review is reviewing the delivery model the PG deploys to support and supervise; • It is also considering where the PG’s powers may need increasing; • It is looking at ways in which the charges which professional deputies levy may be kept in relation to the assets of the person lacking capacity • The review will result in greater protection to those lacking capacity through improved assessment of the capability of the deputy and targeting of support and supervision accordingly. • In the future, lay and professional deputies will receive different types of support and supervision depending on their needs and the needs of their clients.

11. Supervision review- Design Principles • The design principles which the fundamental review of supervision must address are: • Compliant • Strategic Fit • Defensible • Sustainable • Proportionate • Timely • Supportive • Acceptable • Effective & Measurable

12. Supervision review- Design Principles • The review has identified the need to adjust OPG’s focus so that: • We apply a customer-centric, end-to-end case management approach • with guidance and support shifted to the early days of the deputyship • with a full collection of relevant data informing a dynamic, through-life risk assessment • and appropriate, proportionate and timely actions designed to assist the deputy with their responsibilities and furnish greater assurance about the protection of the person lacking capacity. • Two ways of organising the PG’s staff are being considered to achieve the improved customer focus: • Teams who specialise in the different deputy types • Assigning staff as named ‘account managers’ to groups of deputies

13. Recovery and Resolution Team • New team created for a trial 6 month period • Aim of team – to recover outstanding costs from Court appointed deputies (non-compliant) • How? – Dedicated caseworkers contact deputy to establish what issues are preventing deputy from complying. Appropriate support given to bring deputy into compliance wherever possible • Tailored approach to Local Authority Deputies -depends on circumstances. • Letter to Finance Director with details of all cases followed by tailored visit. • Or telephone call to deputy • Need to establish what the issues are and how OPG can work with individual Local Authorities to resolve outstanding case issues.

14. Investigations commenced by the Public Guardian stakeholders@publicguardian.gsi.gov.uk www.justice.gov.uk/about/opg

15. Outcomes from OPG investigations 2012/13 stakeholders@publicguardian.gsi.gov.uk www.justice.gov.uk/about/opg

16. A continued commitment to the Mental Capacity Act • We will: • focus on the needs of our customers, helping them to plan ahead • deliver our work within budget • develop new ways of measuring how well we are meeting our customers’ needs • continue to protect the interests of vulnerable adults • maintain robust safeguards stakeholders@publicguardian.gsi.gov.uk www.justice.gov.uk/about/opg

17. Further Details Office of the Public Guardian PO Box 16185BirminghamB2 2WH     T: 0300 456 0300 - Phone lines are open Mon - Fri from 9am - 5pm (Except Wed 10am - 5pm) F: 0870 739 5780 E: customerservices@publicguardian.gsi.gov.uk www.direct.gov.uk/mentalcapacity