The role of the Office of the Public Guardian in investigations of abuse
| Pages | 160-166 |
| Date | 17 June 2011 |
| DOI | https://doi.org/10.1108/14668201111160750 |
| Published date | 17 June 2011 |
| Author | Peter Hartley‐Jones |
| Subject Matter | Health & social care,Sociology |
Policy and practice paper
The role of the Office of the Public Guardian
in investigations of abuse
Peter Hartley-Jones
Abstract
Purpose – This paper aims to examine the investigation process employed by the Office of the Public
Guardian (OPG). This process is used whenever an allegation of abuse is received against either an
attorney acting under a registered lasting or enduring power of attorney or against a deputy appointed
by the court of protection to make decisions on behalf of someone who lacks the capacity to make those
decisions themselves.
Design/methodology/approach – Case studies are used to demonstrate both how the investigation
process works in practice and how one works in partnership with other organisations to help safeguard
vulnerable adults.
Findings – The OPG works in partnership with a range of other relevant organisations to protect
vulnerable adults from financial abuse. It details the types of activities, the OPG investigating officer may
undertake to examine allegations of abuse and the targets set to help ensure any allegations are
investigated promptly and effectively.
Originality/value – The duties bestowed upon the public guardian under the Mental Capacity Act
(MCA) 2005, together with a general growing awareness of financial abuse, have had a significant
impact upon the work of the investigations team. The case studies included exemplify the kinds of
outcomes in cases of abuse and also demonstrate how Attorneys are subject to the same investigative
scrutiny as court appointed deputies.
Keywords Abuse, Decision making, Vulnerable adults, Mental Capacity Act
Paper type Research paper
Background
At least since the various ‘‘Chancery Lunatic Acts’’ of the nineteenth century and the
establishment of ‘‘Commissioners of Lunacy’’, there has always been some form of provision
by the state to provide structures and processes for the protection of people who may,as a
result of some form of mental impairment, lack capacity.
A person who lacks capacity is in a particularly vulnerable position: unable to protect their
own interests to any significant degree and highly dependent upon those caring for them to
act in their best interests. Those people who are endowed with powers to make decisions on
their behalf can effectively exercise significant control over that person’s life and, were they
to operate unchecked, the scope for abuse is significant. Previous legislation, and now the
Mental Capacity Act 2005, has consistently provided for certain proportionate safeguards to
be put in place for the protection of the person concerned.
Introduction
The MCA 2005 was designed to empower and protect all those who lack capacity to make
particular decisions and sets out in law what should happen in situations when a person is
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THE JOURNAL OF ADULT PROTECTION
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VOL. 13 NO. 3 2011, pp. 160-166, QEmerald Group Publishing Limited, ISSN 1466-8203 DOI 10.1108/14668201111160750
Peter Hartley-Jones is
based at the Office of the
Public Guardian,
London, UK.
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