HL Deb 24 March 1999 vol 598 cc1292-3

2.56 p.m.

Lord Clement-Jones asked Her Majesty's Government:

What action they will take to rectify the deficiencies in the operation of the Public Trust Office identified by the Comptroller and Auditor General in his recent report Protecting the Financial Welfare of People with Mental Incapacity.

The Lord Chancellor (Lord Irvine of Lairg)

My Lords, the Public Trust Office supervises the investment of patients' assets and assesses their individual financial needs. Currently, there are about 38, 000 patients, of whom 35, 000 are the responsibility of private receivers and about 3, 000 the responsibility of the Public Trustee as receiver of last resort. The PTO's main deficiencies were a failure to chase overdue accounts from private receivers and to review promptly those that it had actually received. It is not suggested that any patient suffered any financial loss as a result, but the procedures need to be strengthened, and they are being. Since June 1998, 10 extra posts have been dedicated to checking accounts and £0.5 million per annum for the next three years has been allocated for case management. The PTO is agreeing with the Court of Protection new procedures to ensure timely accounts from receivers.

Lord Clement-Jones

My Lords, I thank the noble and learned Lord for that helpful Answer. However, does he accept that it is not clear why, immediately before the National Audit Office reported, his department instituted a review of the Public Trust Office? In view of the fact that we are talking about extremely vulnerable people whose assets are not being properly monitored, will the noble and learned Lord assure the House that the department will not wait for the results of the review before putting into effect many of the NAO's recommendations?

The Lord Chancellor

My Lords, I have just told the noble Lord many of the steps that have been, and are being, taken. It is of value that a major independent review of the PTO is about to commence under Ann Chant, who is currently a managing director for Business in the Community. She is a senior and distinguished civil servant. She successfully tackled many of the intractable problems facing the Child Support Agency at the height of its troubles. The problems of the PTO are not remotely comparable. She is the right person for this important job.

Viscount Bridgeman

My Lords, will the noble and learned Lord take note of the fact that in 1996–97 only 67 per cent, of those under the care of the Public Trustee Office received a visit, against 86 per cent, in 1992–93? What steps are the Government taking to ensure that all public trustee receivership patients receive an annual visit, as recommended by the National Audit Office?

The Lord Chancellor

My Lords, pre-1996, home visits were the responsibility of the welfare staff in the Lord Chancellor's Department, not of the Public Trustee Office although the PTO had been established in 1994. The performance then was unsatisfactory. The responsibility was given to the PTO in 1996. Since then there has been a materially improved service which complies with the criteria laid down by the Court of Protection. I intend to consider those criteria to see whether they can be strengthened to enable more visits to take place in the future.

Lord Campbell of Croy

My Lords, is there not a duty of care which should be accepted by any agency handling the finances of people with mental incapacity, and also of people with learning disabilities? The noble Lord, Lord Rix, cannot be here today. I am sure that if he were, he would ask a similar question.

The Lord Chancellor

My Lords, I entirely accept that there is a duty of care.