I feel privileged to be the public guardian when I consider that my office supports and protects some of the most vulnerable people in our society – as well as giving everyone the chance to think about a time in the future when they may no longer be able to make decisions for themselves.

The statistics relating to this area of work can be staggering – it’s estimated that around two million people in England and Wales lack capacity to make decisions, and are looked after by around six million carers – family members and professionals. In the UK 700,000 people have dementia (15,000 of these people are under 65) – and by 2021 this figure is expected to reach one million.

That means that almost every one of us will be affected by issues of mental capacity in some way – as a sufferer, family member, a carer, a friend or through our professional lives. The figures also tell that we can expect demand for our services to increase over the years to come, especially as we have a duty to let people know about their options to plan ahead.

Against this backdrop of increasing rates and demand, it is vital that Office of the Public Guardian (OPG) services be fit for purpose and truly customer-focused. I know that, in the past year, customers have experienced real problems when dealing with us. We are now processing applications much more effectively. But I also know that we need to do more to continue to restore confidence in our services.

We have already made a number of important changes in response to feedback, and from our own experiences, since the implementation of the Mental Capacity Act 2005 (MCA). For example, where appropriate, we now accept newly executed part Bs and Cs for lasting powers of attorney (LPAs) where errors have been identified. This means that the donor does not have to make a completely new application or pay a further registration fee. We also regularly update our website with useful information regarding lasting and enduring powers of attorney. Similarly, the Court of Protection is piloting a dedicated section within our contact centre dealing with enquiries, including those relating to applications.

As part of a government commitment, we are planning a longer-term piece of work to help to review the impact of the MCA, the associated code of practice, the OPG and the court since their launch in October 2007. We will be working closely with both the Department of Health and the Welsh Assembly Government. This evaluation will take around 18 months. The results will tell us what difference the act is really making in practice and where improvements might be possible where it is working less effectively than planned.

The consultation paper ‘Reviewing the Mental Capacity Act 2005: forms, supervision, and fees’, which closed on 15 January 2009, asked for comments on the revised draft LPA forms, and the new tier of supervision for deputies supervised by the public guardian and the fees charged by the OPG and the court.

A total of 76 written responses were received from a range of stakeholders, professional bodies, interested parties and members of the public – the majority of responses came from the legal profession or organisations representing them.

The government response was published on 11 March. Responses have been analysed and results have guided the conclusions and next steps.

New LPA formsResponses to proposed new LPA forms were generally supportive – there was strong support for incorporating guidance notes into the margins of the form. Suggestions to reword or add to the guidance notes will be considered in the final redesign. Respondents acknowledged difficulties in finding a balance between the length of the form, and including the requirements and safeguards laid down in the MCA. Where we can reduce the length of the form, we will do so during the redesign.

The OPG is working with professional accessibility experts to help with the redesign of the LPA forms. A critical part of the process will be thorough testing of the new forms by customers, stakeholders and staff. It is our intention that the forms, revised guidance literature and supporting regulations will be introduced into parliament at the beginning of July 2009, in readiness for launch from 1 October 2009.

Supervision of deputiesMost respondents to the consultation, who offered an opinion about the supervision of deputies, agreed that type 2A supervision would provide flexible protection, support and a robust approach. A number of suggestions were received that were outside the scope of the consultation, such as having more visits and increased checking of accounts. Where these further ideas would support effective and proportionate risk management, as well as an efficient and cost-effective service to customers, they will be incorporated into future business improvement activity.

New supervision level 2A was introduced on 1 April. More guidance on the new and existing supervision levels can be found in our guidance booklet OPG507, ‘A guide to supervision of deputies’, at www.publicguardian.gov.uk.

New feesThere was broad support for the changes to the OPG and court fees, especially for a reduction in the fee for applying to register an LPA.

Some other comments were received not directly related to the consultation questions, such as the OPG clarifying how its charges were calculated – where multiple applications to register LPAs are made, fees should be reduced. The OPG will consider these further suggestions as part of the ongoing work to look at the implementation and impact of the MCA.

The fee changes were implemented on 1 April 2009 and include:

  • Fee payable on making an application to register an LPA reduced to £120.00, the same as that to register an EPA;
  • Fee to assess the appropriate supervision fee for deputies and for placing deputy details on a register reduced to £100; and a
  • New type 2A supervision fee of £350.

Full details can be found in our guidance booklet OPG506, ‘Court of Protection and Office of the Public Guardian – Fees, exemptions and remissions’, also at www.publicguardian.gov.uk.

We will continue to make improvements to OPG services over the months and years to come.

A complete business process review is under way which will streamline the processes applied to all stages of our work and will remove surplus activities that don’t add value and in effect may hinder our service.

I have also been giving thought to whether the OPG is best organised to deliver excellent services. An office with a single presence in London is not, in my view, ideally placed to meet the demands of increasing workloads and the needs of customers who want a responsive and effective service. For that reason, work is going on to moves parts of the OPG business to locations out of London in a phased way.

From 5 May 2009, some business functions moved to a new office in Birmingham and later in the year other functions will transfer to Nottingham. During these changes we will maintain the quality of service our customers expect to receive.

The court transferred to become part of HM Courts Service on 1 April, joining the Royal Courts of Justice Group. The staff and operations will remain in Archway Tower until HMCS estates plans in London develop. Over the coming months, the court forms, guidance and practice directions will move to the HMCS and DirectGov websites, although the OPG website will continue to provide signposts to this information.

For further information about the work of the OPG, the options to plan (including all the forms and guidance materials) and to access our new ‘Information for professionals’ section, which is specifically aimed at professionals, visit our website. Alternatively, telephone the customer contact centre on 0845 330 2900, or email customerservices@publicguardian.gsi.gov.uk.

In July 2008 Martin John assumed the role of public guardian and chief executive of the OPG. The OPG supports and promotes decision-making for those who lack capacity to make decisions or would like to plan for their future, within the framework of the Mental Capacity Act 2005.

The postal address for the Office of the Public Guardian changed on 5 May. It is now:Office of the Public GuardianPO Box 15118BirminghamB16 6GX

Document Exchange (DX) address is:Office of the Public GuardianDX 744240Birmingham 79

The Court of Protection postal address is:11th FloorArchway Tower2 Junction RoadLondonN19 5SZ