Public Trust Office (Hansard, 11 April 2000)

§ The Lord Chancellor

I have today published `Making Changes—The Future of the Public Trust Office', setting out my plans for reform of the Public Trust Office.

The Public Trust Office, an executive agency of my department, was established in 1994. It incorporates three separate functions.

Its Mental Health Sector deals with matters under Part VII of the Mental Health Act 1983. The Sector's Protection Division oversees the activities of private receivers appointed by the Court of Protection to manage financial affairs for mentally incapacitated individuals. Its Receivership Division manages the financial affairs of mentally incapacitated people who have no one else to manage their finances. The sector also deals with matters under the Enduring Powers of Attorney Act 1985.

The Court Funds Office is a banking and investment service for funds deposited in court. These are held under the jurisdiction of the Chief Executive of the Public Trust Office, acting as Accountant General of the Supreme Court.

The Public Trustee acts as an executor or trustee in respect of estates and settlements.

In November 1999, I published the quinquennial review of the Public Trust Office. I welcomed the review's clear diagnosis of the challenges faced by the Public Trust Office, agreed that radical change was required and undertook to explore the review's recommendations in a programme of change.

The change programme for the Public Trust Office, announced today, will improve services received by clients and, in particular, the vulnerable. The Government's overriding objective will be to ensure that the interests of the Public Trust Office's clients are fully protected. The changes I propose will deliver a step-change in the quality of services. This will be achieved through centralised planning and monitoring, balanced by service delivery through those agencies which are best placed to meet the needs of clients. Where this means estabishing new partnerships with the private and voluntary sectors, we will do this. Throughout the reforms, we will target resources on those clients who are most in need.

I will separate the disparate functions of the existing Public Trust Office, transferring the trust function and the Court Funds Office to the bodies best placed to provide them: the office of the Official Solicitor to the Supreme Court and the Court Service respectively. The office's remaining core functions of oversight of receivers and functions in relation to enduring powers of attorney will be reviewed to provide a cohesive and greatly improved service.

I will ensure that I retain responsibility for the most vulnerable of Public Trust Office clients. There will be 29WA clear lines of ministerial accountability for those functions remaining within my department and I will establish and monitor clear standards of service provision both for those functions remaining within my department and for those services provided in future by other parts of the public sector and in the voluntary and private sectors.

I will want to be satisfied that reform does not entail placing a greater financial burden on some of the poorest and most vulnerable members of society. The new regime will deliver much improved value for money. Services received will be tailored to the individual's requirements; there will be much greater advice and assistance available; and it will genuinely protect the vulnerable. A new clearer and simpler fee system will be introduced and will be backed by the introduction of fee remissions for those who cannot afford to pay for the services they receive.

I envisage that plans for the more significant changes proposed will be taken forward during 2000–01 with the intention that the Public Trust Office would cease to exist as a separate and distinct office from April 2001 onwards.

The change programme reforms to the Public Trust Office will also play an important part in paving the way for the Government. Making Decisions policy proposals to modernise and clarify the law governing decision-making by and on behalf of the mentally incapacitated. The Governmetn are committed to legislating on Making Decisions when parliamentary time allows, and the change programme will provide a firm basis for these reforms.

I welcome the views of all those who wish to comment on the reforms that I propose to take forward.

Copies of the booklet: Making Changes—The Future of The Public Trust Office have been placed in the Libraries of both Houses.