I am writing to set out the current position regarding Trevor Lyttleton's letter headed 'Funding flaws' (see [2008] Gazette, 10 January, 12), in which he claims a lack of adequate funding and proper planning have resulted in serious
delays in dealing with work at the Office of the Public Guardian (OPG).



Planning for implementation of the Mental Capacity Act began when the Act received Royal Assent in April 2005. This included making estimates of the likely work-load of both the OPG and the new Court of Protection based on the best information available at the time.



Since the law was implemented in October 2007, we have found that the work-load has actually been considerably higher than estimated, leading in some areas to our customer service being less than we had hoped for. With the support of our parent department, the Ministry of Justice, we have been able to identify extra resources to deal with the work levels as quickly and as effectively as possible. Resources have been, and are being, deployed, and we expect customers to notice the effect on work levels shortly.



Staff received training on new procedures and processes before October 2007. However, training is an on-going process, and will continue to be provided as the organisation develops and identifies new challenges brought about by the legislation.



Implementing any new legislation presents challenges and the Mental Capacity Act is no different. We are responding to those challenges quickly and efficiently, with the aim of restoring customer service to our published service standards as soon as possible.



Richard Brook, Public Guardian and chief executive, Office of the Public Guardian