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First 2020 Deputyship events announced

PADSN are delighted to announce the first two Deputyship Development Days for Local Authority Deputies in 2020.

We head first to Manchester on the 23rd April, for details and how to book visit the site here. The next event is to be the first one held in Wales, on the 4th June, for details on the Welsh event visit the site here.

This year the events are sponsored by probate genealogists, Finders International,  and independent financial advisors, Frenkel Topping.

Both events will see speakers from Finders and Frenkel Topping, covering topics such as Investments, Welfare Benefits and how to trace next of kin. Both agendas will be published in the next few days and delegates can see what is on offer.

Although the events are aimed at Local Authorities who manage the finances of vulnerable people, private client solicitors and companies involved in managing financial people's finances are more than welcome to attend. It is a unique setting for those professionals to come together, understand each other's issues and network.

Both events are free of charge, lunch and refreshments will be provided.


Statistics

OPG Investigations on the rise

A new report published in the Telegraph has highlighted a rise in financial abuse cases being dealt with. Hundreds of vulnerable individuals are being exploited by “deputies” each year according to new figures released by the Office of the Public Guardian (OPG).

The OPG Stripped powers from over four hundred deputies and attorneys in the year up to June this year, with many of those cases being passed on to Local Authorities.

Cases, where the OPG have acted, include ones where the Deputy has financially misappropriated funds from the person they are supposed to be acting on behalf of. These acts include re-mortgaging properties, changing beneficiaries of a will, gaining access to savings.

In 2018/19, the OPG dealt with 603 complaints against deputies and investigated almost 3000 Deputies and those holding Powers of Attorney.

You can read much more at the Telegraph’s website – https://www.telegraph.co.uk/money/consumer-affairs/spike-exploitation-vulnerable-people-court-removes-hundreds/


Mediation is live!

A nationwide mediation scheme for Deputies has gone live.

The scheme has the aim of mediating in cases where there are disputes, exploring if affected parties can come to an agreement before having to take the matter back to the Court to resolve.

The scheme will run for up to eighteen months, starting from the 1st October 2019.

This pilot scheme is not a formal OPG or Court scheme though it does run alongside the OPG Mediation project.

More information can be found on the scheme's website - https://www.courtofprotectionmediation.uk/


Elder abuse - Police fail to act

A new report on elder abuse has been issued by Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) highlights the failure of Police forces and the Crown Prosecution Service (CPS) to deal with crime against older people.

As most local authority Deputyship teams are aware, getting the police to act on a crime is extremely hard even if the evidence is supplied proving guilt.

As the average age of the population increases, almost inevitably, the amount of crime committed towards older people will increase as well. The report found that the police have only a “superficial understanding” of the nature and extent of crimes against older people and that the Police and CPS lacked any joint cohesive and focused strategy to deal with older victims of crime. The report looked at 192 cases in total, from forces across the country. Of those cases reviewed it was discovered that in 101 cases the care was not appropriate. Of the cases inspected 153 should have been referred to the local authority under safeguarding procedures, in fact only 76 were referred.

The investigation was carried out in the following forces - Greater Manchester, North Wales, Dorset, Humberside, Cambridgeshire and Gloucestershire.

Responding to the report John Beer, the chair of Action on Elder Abuse, said: “This is a truly damning report about the way the criminal justice system treats older victims. Action on Elder Abuse has led the call for a specific offence or aggravating factor of elder abuse, in recognition of the devastating impact crime has on older victims. As a society we already recognise that where a victim is targeted because of their race, religion, sexual identity or disability, a tougher sentence should apply.”

The following recommendations have been made -

  • The National Police Chiefs Council (NPCC) and the CPS should, within six months, agree a definition of what constitutes an older victim and take a coordinated approach to understand and respond to the problem.
  • The NPCC should, within six months, establish a standard way for police forces to conduct a victim needs assessment.
  • The NPCC and College of Policing (COP) should, within six months, develop a strategy for how the police service should respond to the problems faced by older people, and agree who should be responsible for it.
  • The NPCC and COP should, as a matter of urgency, develop guidelines and training for officers involved in adult safeguarding procedures.

The report can be read in full on the HMICFRS website via the link below.

HMICFRS report on Crime against Older People

 


Farewell and Hello

Alan Eccles, Public Guardian and Chief Executive of the Office of the Public Guardian (OPG), retires from service at the end of June. His successor, who takes up his role on the 1st July, is Nick Goodwin.

Eccles replaced Martin John in 2012 and has overseen a transformation of the OPG's services including an increase in take up of Lasting Powers of Attornies and better communication between Deputies and the OPG.

You can read more on the OPG Blog page here.


LPS - Prepare for change

Liberty Protection Safeguards are due to be implemented in the autumn next year, later than initially expected.

Caroline Dinenage, Care Minister, announced that they would come into force from 1 October 2020, she also stated that the various agencies would work with stakeholders to develop draft chapters for the Code of Practice. The public will be able to comment following a consultation after the code of practice has been drafted. The final draft of the act will be laid before parliament in Spring 2020, together with a final set of regulations.

Dinenage also stated that the Mental Capacity Code of Practice will also be updated alongside the new legislation.

Councils will discover shortly what is expected of them as the Government will be issuing new guidance to them, helping them prepare. The Government will be developing training programs in order to support staff and approve professionals who will act as the new Approved Mental Capacity Professionals (AMCP)

 

 

 


New OPG Blog - Investigations

Head of investigations at the OPG,Ria Baxendale, has published a new blog on the OPG website setting out how they (the OPG) deal with investigations of Deputies and Attornies.

You can read more here: OPG Investigations


New OPG business plan

The Office of the Public Guardian have published their buisness plan for the year ahead, setting out their vision and targets for the next year.

Over the past year the OPG appeared to have hit the majority of their published service targets apart from the time it takes to review a Deputy's report.

The OPG has, again, stated it wishes to increase the uptake in LPA's pushing people toward the electronic version.

You can read the full report on the OPG website - OPG Business Plan 2019-20


Public Health Act Funerals "Not fit for purpose"

Originally published on Legal Fures - 10/06/19 - Though not necessarily under the remit of Deputyship, many teams will undertake PHA Funerals or have some involvement with them:

 

The legislation that gives local authorities the statutory powers to carry out funerals is not fit for purpose.

That’s what council officers told us at the second Finders International Public Health Act Funerals conference, which took place on 2nd May this year, and was attended by representatives of councils from all over England and Wales.

The legislation, which has been in place for more than thirty years, does not consider how attitudes have changed towards funerals in society and how we carry out funerals. Families are more fragmented and don’t necessarily feel obliged to make funeral arrangements for next of kin they may have had little or no contact with. Given recent rises in the amount of funerals undertaken by local authorities, it is only set to increase in the near future.

Minimum standards

Council officers at the conference felt that any reform should set out a minimum standard, although they could not agree on how this might be enforced. Some local authorities opt to cremate whilst others bury, but there is no standard practice. Should legislation make sure a deceased person’s wishes are adhered to (if they are known) and how would this be done?

As the Competition and Markets Authority is carrying out a review of the funeral industry in the wake of rising costs and is proposing a funerals regulator, perhaps the role of ensuring standards could be placed with them?

The majority thought that the word ‘paupers’ should not be used, with some officers reporting they found it to be offensive. Officers felt that the word does not show the deceased dignity and respect.

Little to no funding

Another point raised at the conference is that there is little or no funding within authorities for the provision of statutory funerals. Further discussions took place about a national funeral fund, with a radical suggestion that there should be a state grant paid from National Insurance contributions.

Certainly, everyone agreed that the Department of Work and Pensions (DWP) Social Fund is not fit for purpose, and a new way of state assistance needs to be found. The vast majority reported how difficult it is for people to claim and how little they receive to pay towards funerals from the DWP.

Staff have called for better awareness of their role by financial institutions. Once a person dies, GDPR does not apply to the deceased. Many officers reported their experiences where banks and other institutions make it extremely difficult for them to discover if the deceased left any assets.

Access to online accounts

They also said it was difficult to access the deceased’s emails and social media accounts, as sometimes emails and social media accounts can help officers trace families easily and quickly.

David Lockwood, Finders International Public Sector Development Manager and a former Public Health Act Funerals Officer, said: “It’s clear how dedicated council officers are in providing the best service possible despite the severe financial restrictions in place.

“These officers deserve the recognition for the service they provide to their communities and their continued dedication. We at Finders International do everything possible to support them with our free events and the advice we offer on our website, and we will continue to do so.”

Finders International has a funeral fund that can be used by public sector bodies to subsidise public health act funerals in cases that meet the criteria. Find out more about our service here.

Our sister site - www.publichealthfunerals.org - has news and information regarding statutory funerals


OPG Issue new Investment Guidance

The Office of the Public Guardian has issued new guidance on Investments.

The guide is for those managing LPA's and Deputyship orders.

It sets out what can and cannot be done, gives links to Financial planning and goes on to remid Attornies and Deputies of their duties.

You can read more on the website here:

https://www.gov.uk/guidance/investing-for-someone-as-their-attorney-or-deputy?