Public Guardian Alan Eccles says that stakeholder feedback is crucial to the success of the OPG over the next 12 months

The aim of the Mental Capacity Act 2005 ?is to provide a clear framework for the protection of vulnerable individuals, with a focus on promoting and retaining, where possible, ?individual choice.

For those lacking capacity, the legislation includes provisions which go beyond the protection of their best interests. The legislation makes it clear that the individual needs to remain at the heart of the decision-making process, retaining, where possible, the fullest input into decisions made on their behalf.

The Act also enables individuals to make choices about their future in the event of a loss of capacity, ?for example, through making a lasting power of attorney (LPA).

Privileged position

The Act also introduced the statutory role of Public Guardian. It is this role that I have the privilege to currently hold. Those within the mental capacity environment increasingly look to the Public Guardian to provide answers as to how best we can work together to care for those who lack capacity. One of my key duties is leading the Office of the Public Guardian (OPG).

Our organisation recently celebrated its fifth birthday and it’s fair to say the agency has been on a remarkable journey since it opened its doors in October 2007, driven in part by the ever-increasing demand for our services. The OPG received 60,000 applications to register powers of attorney in the first year and 230,000 in the last 12 months. In the past 12 months alone, applications have increased by 14 per cent and this growth rate is likely to continue.

Additionally, our deputyship caseloads have increased substantially since the OPG’s formation in 2007, from 20,000 to over 43,000 on our books as of October 2012.

To meet this increase in demand, the OPG has to evolve and adapt. To allow us to expand our workforce, we relocated from our office in London to our two offices in the Midlands. However, evolution isn’t always about ‘bigger’, it’s also about ‘smarter’.

Over the next 18 months you will see a number of changes in how we do things, some more visible to the outside world than others, as part of our transformation work. In determining our direction of travel we are mindful of the needs of our customers and stakeholders. Research to understand the views and needs of our customers, stakeholders, and staff has been pivotal in our planning for the future.

So, what will this transformation look like? What can you expect to see?

We have already started to improve our performance across all teams in recent months. As of October 2012, we returned to registering LPAs within nine weeks from receipt where there were no problems with the registration application. This, of course, includes the six-week statutory waiting period during which objections to registration can be made.

Digital strategy

The first really visible change will be the new digital service for LPAs in April 2013. This initiative aligns with the government’s digital strategy, which aims to make all government services easily accessible online.

When launched, people will be able to use the service to complete the forms for an application, which can then be printed off. The digital service has been comprehensively tested with customers, potential customers, and stakeholders. It’s designed to be easy to use, includes step-by-step user-friendly guidance and help, and it has in-built checks designed to limit some of the basic mistakes on forms, which can lead to either delays in registration, or, in some cases additional costs to customers, if an application needs to be re-submitted.

I fully understand concerns regarding information security using a digital platform, especially when vulnerable clients are involved. The first point to note is that the safeguarding role of the certificate provider remains in place. The digital service enables completion of the forms only, they will still need to be signed and witnessed, as is currently done.

In terms of the information itself, this will be ?held securely accordingly to the government’s rigorous protocols, just as the current data that we hold ?is secured.

We are also aware that there are many who don’t have access to the internet. We will be working with a number of organisations to help those who aren’t currently online. This would allow all applicants to benefit from the checks and help built into the digital service, facilitating them to complete their application accurately first time.

The term that is used in government for this approach is ‘assisted digital’. This isn’t going to happen overnight, and in the short to medium term, paper versions will still be available.

Above and beyond

Our transformation programme goes beyond accessing and completing forms. I want the OPG to be more efficient, improving on turnaround times and continuing to build on our current levels of customer service. Some of this is happening now. It might not be immediately obvious, but there are changes underway to continually improve how we work.

We have also begun the process of replacing our current back-office systems with an effective, integrated workflow management system, which will both better support our business needs and will allow us to manage the increasing amounts of data we are required to hold.

Furthermore, it’s not just the way we manage LPA registrations that the OPG is looking at. I am keen to explore with staff and stakeholders how the Public Guardian gets the right balance between supporting and helping deputies, while identifying and addressing instances where best interests are not being served.

A review into our approach to supervising deputies appointed by the Court of Protection is underway. We are conducting customer research and have written out to 6,000 court appointed deputies accordingly.

This isn’t all going to happen overnight, and we can’t and won’t take our eye off the ball with regard to maintaining our current operations. We will develop robust implementation plans to minimise the impact on our existing operations and ensure that we continue to provide a good service throughout the period of change.

I have mentioned several times that the OPG has been listening to our stakeholders both formally and informally. Our relationship team continues to develop effective relationships with partner organisations to improve awareness of mental capacity and services that OPG and partner organisations provide.

As part of this work, a consultation was started on 27 July to seek the public’s views on changing our services, which ran until 19 October. We will be publishing the feedback and outcomes of the consultation in the coming months.

In closing, I hope that making our services ?more accessible will result in a significant increase ?in the numbers of people planning ahead and putting an LPA in place. By increasing efficiency, we will be in a strong position to adapt to the anticipated increase in demand.

The OPG faces an exciting period of transformation. We have the capability to deliver our services better, and to a far wider audience than we do currently. I will ensure to keep you all up to date with progress over the coming months.

Alan Eccles is Public Guardian and Chief Executive at the Office of the Public Guardian www.justice.gov.uk/about/opg