§ BARONESS WOOTTON OF ABINGERMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government whether they are satisfied that the fees required by the Court of Protection from persons administering the affairs of relatives suffering from mental disorder are reasonable; whether they are aware that disbursements amounting to nearly £50 in a single year may be called for in the case of a person with an income of little over £400 a year; and what steps are taken in cases in which sums of this magnitude cannot be found or grave hardship is involved.]
§ THE LORD CHANCELLOR (VISCOUNT KILMUIR)My Lords, the Court of Protection Rules, 1960, which govern the imposition of the fees payable in respect of the administration of patients' estates are made by the Lord Chancellor under Sections 112 and 114 of the Mental Health Act, 1959. I am always most anxious to keep these fees as low as possible, and I am satisfied that the present rates, which have been in operation since 1958, are reasonable.
In answer to the second part of the noble Lady's Question, I should like to say that, though I can imagine cases in which the income was little more than £400 a year and the disbursements amounted to nearly £50 in a year, I believe that such cases would be unusual. Such a figure might, however, be reached in the first year in which a receiver is appointed and where a solicitor acts for the applicant. The Rules give the Court power to remit or postpone the payment of the whole or part of any fee where hardship might otherwise be caused to the patient or his dependants, or the circumstances are otherwise exceptional. This power is freely used in suitable cases.
§ BARONESS WOOTTON OF ABINGERMy Lords, I am most grateful to the noble and learned Viscount for the courtesy of his Answer. I think he may allow me to assure him that fees of the 215 scale I have mentioned can be reached even yin a case where no solicitor is employed at all. May I ask whether he does not feel that it is something of an anachronism, in the days of the National Health Service, that people should be charged fees of this scale merely because their illness makes them unable to conduct their own affairs?
§ THE LORD CHANCELLORMy Lords, on the specific point, I shall be very glad, of course, to look into any case. I hope that the noble Lady will give me the opportunity to do so. On the general point, it is a very difficult question as to how far one should institute a new social service and how far the State should require payment of what is only part of the expense undertaken by it. It is especially difficult in cases where, ex hypothesi, the person concerned is a capitalist, even though a small one. As I told the noble Lady, I shall try to secure that the fees are kept as reasonable as possible and that the power of remission is properly exercised.
§ BARONESS WOOTTON OF ABINGERMy Lords, can the noble and learned Viscount tell me what steps are taken to inform patients or applicants that fees may be remitted in cases of hardship?
§ THE LORD CHANCELLORNo, my Lords. I have not the details before me, but I will send them to the noble Lady with great pleasure.
§ BARONESS WOOTTON OF ABINGERI am most grateful.