Office of the Public Guardian Review

The Office of the Public Guardian has recently published its ‘Fundamental Review of the Supervision of Court Appointed Deputies’. Deputies are appointed by the Court of Protection to make decisions for people lacking mental capacity and the review looks at how deputies are supervised.

Deputies are supervised by the Office of the Public Guardian and as a result of the review this supervision will now be split into three key groups: lay deputies, professional deputies and the local authority. Staff at the Office of the Public Guardian will now specialise in one of the three deputy types so that they become more familiar with the challenges facing that particular group.

The Office of the Public Guardian provides support and advice to deputies and one of the key findings of the review was that deputies required more support, particularly during the first few months of their deputyship. The new supervision model therefore focuses on providing better support and improved guidance for deputies, particularly when newly appointed.

The review also seeks to deal with the concern expressed by some MPs about the level of fees charged by some professional deputies. As a result, professional deputies will now need to submit an annual plan, asset inventory and costs estimate to the Office of the Public Guardian on an annual basis. These plans will then be reviewed by the OPG and compared with the actual work carried out and level of fees charged. The review also suggests that a set of standards for professional and local authority deputies should be developed. 

Finally the review highlights the need for digital technology to be utilised to improve the supervision and support of deputies. Currently deputies have to submit a written annual report to the Office of the Public Guardian and the review highlights that this report is of vital importance. However, the review aims to improve the reporting process through the use of digital technology and an online reporting facility.