What constitutes criminal prosecution for Lasting Powers of Attorney created without consent.

Response to this request is long overdue. By law, under all circumstances, Office of the Public Guardian should have responded by now (details). You can complain by requesting an internal review.

Dear Office of the Public Guardian,

According to the Crown Prosecution Service, it is a crime of Fraud to create Lasting Powers of Attorney, if the donor does not have the Mental Capacity to donate these powers or sign the documents.

Does the Public Guardian agree, this is Fraud?

If the Lasting Power of Attorney is created in false documents, Fraud, then does the Public Guardian agree, that every action after Fraud, is fraudulent?

Yours faithfully,

A Dunn

Dunclan

Data Access & Compliance Unit, Office of the Public Guardian

Dear A Dunn,

 

Thank you for your e-mail below. I am writing to advise you that your
enquiry does not fall under the Freedom of Information Act 2000 (FOIA)
regime and has been rejected by the Disclosure Team.We have forwarded on
your enquiry to the appropiate buisness unit.

 

It may be helpful if I explain that the FOIA gives individuals and
organisations the right of access to all types of recorded information
held, at the time the request is received, by public authorities such as
the Ministry of Justice (MoJ). Section 84 of the FOIA states that in order
for a request for information to be handled as a FOI request, it must be
for recorded information. For example, a FOI request would be for a copy
of a policy, rather than an explanation as to why we have that policy in
place. On occasion, the MoJ receives requests that do not ask for recorded
information, but ask more general questions about, for example, a policy,
opinion or a decision.

 

You may wish to re-submit your enquiry to the Ministry of Justice, which
will be treated as Official Correspondence. Our contact details are as
followed:

 

102 Petty France

London

SW1H 9AJ

 

Contact Form:

 

[1]https://contact-moj.dsd.io/

 

Telephone Number:

020 3334 3555

  

If you do have any questions relating specifically to the FOIA or Data
Protection Act (DPA), please contact the Disclosure Team at the following
e-mail address: [2][Office of the Public Guardian request email]

 

Kind regards,

 

The Disclosure Team

 

 

 

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Dear Data Access & Compliance Unit,

Of course it falls within FOI. Your offices make decisions on the lives of the vulnerable, you MUST have a criteria for what is lawful and what is not, or how could you operate safely?
This would have to be public information for the safety of the Public.

Yours sincerely,

Dunclan

Dear Office of the Public Guardian,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Office of the Public Guardian's handling of my FOI request 'What constitutes criminal prosecution for Lasting Powers of Attorney created without consent.'.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

This is a legal process, there must exist criteria that establishes when it is not legal as with all legal criteria.
If the legal imperative has not been followed, there must be a course of action.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/w...

Yours faithfully,

Dunclan

OPGInformationAssurance,

1 Attachment

Dear A. Dunn

 

Please find attached response to your request for information.

 

Please accept my apologies for the delay in providing this response.

 

Yours sincerely

 

 

Kevin Springthorpe I Knowledge & Information Manager / Business Skills
Mentor I Office of the Public Guardian
Correspondence - PO Box 16185 I  Birmingham, B2 2WH
Tel - 0300 456 0300
Email - [email address]

 

[1]www.gov.uk/opg

 

“I am not authorised to bind the Office of the Public Guardian nor the
Ministry of Justice contractually, nor to make representations or other
statements which may bind the OPG or MOJ in any way via electronic means”

 

 

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Dear OPGInformationAssurance,

Thank you for confirming that the police will be called, it would appear that this was not the case with my mother, even though it was made very clear to the OPG that the person gaining those powers was made aware they could not proceed prior to registration by the local authority.
In law, to aid and abet a crime is unlawful, I require information that the OPG do in fact contact the police and ensure proceedings are taken, especially in the case of such an important document that can result in another making a decision on DNR.

I must say I find your answers very wooly considering the far reaching powers of LPA's.

Yours sincerely,

Dunclan

OPGInformationAssurance,

Thank you for contacting the Office of the Public Guardian. This is an
automated response to confirm we have received your message to our
Information Assurance inbox. We endeavour to respond to all e-mails as
soon as possible.

 

If you are requesting information from OPG we will normally respond using
the same method you used to contact us, unless you specify otherwise. If
you would prefer to receive our response by post, please let us know by
replying to this e-mail.

 

More information regarding Freedom of Information and Data Protection is
available on the website:  [1]https://www.gov.uk/browse/justice/rights 

 

Please be aware the Office of the Public Guardian is not able to provide
legal advice.

 

Thank you

 

OPG Information Assurance Team

 

 

 

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OPGInformationAssurance,

Dear A. Dunn
 
I have not advised that the Police will be called in this particular case,
I have provided guidance about OPG procedure.
 
The Public Guardian cannot initiate any criminal proceedings against a
person who has made an LPA without the donor having capacity. However if
there are sufficient concerns the Public Guardian will make a referral to
the police for a criminal investigation. Not every case in which an LPA
has been made without the donor having capacity will be referred to the
Police and each matter is judged on a case by case basis.
 
In order to provide further assistance, are you able to divulge specifics
to help identify your mother on our databases (Name, DoB…)?
 
Yours sincerely
 
 
Kevin Springthorpe I Knowledge & Information Manager / Business Skills
Mentor I Office of the Public Guardian
Correspondence - PO Box 16185 I  Birmingham, B2 2WH
Tel - 0300 456 0300
Email - [email address]
 
[1]www.gov.uk/opg
 
“I am not authorised to bind the Office of the Public Guardian nor the
Ministry of Justice contractually, nor to make representations or other
statements which may bind the OPG or MOJ in any way via electronic means”
 

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Dear OPGInformationAssurance,

Dear Mr Springthorpe,

I must say I wish I was surprised by your response, but I am not.

According to legislation no man or woman can gain power of attorney over another legally, when they have lost capacity. Your reply states that the OPG will pick and choose wether the LPA meets concerns for police investigation.
I will be sharing your information with the Media, as I for one am horrified that this could happen to anyone and be in any way acceptable, it is unlawful.
The whole application process has a certificate provider section exactly for that reason.
If the Public can not rely on that section then the whole process is faulty.

It is not for the Public Guardian to deem what is, and what is not a crime, that is written in law.

If you provide me with a suitable time to speak with you this week, I will discuss the very serious matter that in my mother's case, the applicant was well aware there was no capacity.

Yours sincerely,

Dunclan

OPGInformationAssurance,

Thank you for contacting the Office of the Public Guardian. This is an
automated response to confirm we have received your message to our
Information Assurance inbox. We endeavour to respond to all e-mails as
soon as possible.

 

If you are requesting information from OPG we will normally respond using
the same method you used to contact us, unless you specify otherwise. If
you would prefer to receive our response by post, please let us know by
replying to this e-mail.

 

More information regarding Freedom of Information and Data Protection is
available on the website:  [1]https://www.gov.uk/browse/justice/rights 

 

Please be aware the Office of the Public Guardian is not able to provide
legal advice.

 

Thank you

 

OPG Information Assurance Team

 

 

 

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OPGInformationAssurance,

Dear A. Dunn
 
Thank you for your email of 5 May.
 
If you have concerns regarding the validity of the action taken on the
current LPA please contact our safeguarding team and provide any evidence
that may show proof for your concerns. You can contact our safeguarding
team on: [1][email address].
 
Yours sincerely
 
 
Kevin Springthorpe I Knowledge & Information Manager / Business Skills
Mentor I Office of the Public Guardian
Correspondence - PO Box 16185 I  Birmingham, B2 2WH
Tel - 0300 456 0300
Email - [email address]
 
[2]www.gov.uk/opg
 
“I am not authorised to bind the Office of the Public Guardian nor the
Ministry of Justice contractually, nor to make representations or other
statements which may bind the OPG or MOJ in any way via electronic means”
 
  ________________________________  
This e-mail and any attachments is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail. Internet e-mail is not a
secure medium. Any reply to this message could be intercepted and read by
someone else. Please bear that in mind when deciding whether to send
material in response to this message by e-mail. This e-mail (whether you
are the sender or the recipient) may be monitored, recorded and retained
by the Ministry of Justice. Monitoring / blocking software may be used,
and e-mail content may be read at any time. You have a responsibility to
ensure laws are not broken when composing or forwarding e-mails and their
contents.

References

Visible links
1. mailto:[email address]
2. http://www.gov.uk/opg

Dear OPGInformationAssurance,

You appear to have taken a long winding road around my actual question, please refer to my initial question and provide an answer. Your business transactions has the ability to end people's lives, remove their family and their assets, if you do not have a policy that you can simply refer to and answer this question, then your business is failing to protect the most vulnerable in society.

Yours sincerely,

Dunclan

OPGInformationAssurance,

Thank you for contacting the Office of the Public Guardian. This is an
automated response to confirm we have received your message to our
Information Assurance inbox. We endeavour to respond to all e-mails as
soon as possible.

 

If you are requesting information from OPG we will normally respond using
the same method you used to contact us, unless you specify otherwise. If
you would prefer to receive our response by post, please let us know by
replying to this e-mail.

 

More information regarding Freedom of Information and Data Protection is
available on the website:  [1]https://www.gov.uk/browse/justice/rights 

 

Please be aware the Office of the Public Guardian is not able to provide
legal advice.

 

Thank you

 

OPG Information Assurance Team

 

 

 

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OPGInformationAssurance,

2 Attachments

Dear Mr Dunn,

 

Please see my attached response and a copy of the OPG Safeguarding Policy.

 

Kind Regards

 

 

Paul Rodden

 

Paul Rodden I Knowledge & Information Liaison Officer I Office of the
Public Guardian
Correspondence - PO Box 16185 I  Birmingham, B2 2WH
Tel - 0300 456 0300
Email - [email address]

[1]www.gov.uk/opg

“I am not authorised to bind the Office of the Public Guardian nor the
Ministry of Justice contractually, nor to make representations or other
statements which may bind the OPG or MOJ in any way via electronic means”

 

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Dear OPGInformationAssurance,

1. Thank you confirming that the Public Guardian does not take action against those who do not comply with the Mental Capacity Act with regard the illegal creations of Powers of Attorney.

2. This is an extremely worrying situation, and according to social media is one of the fastest growing crimes, at least the public will now know that they can not turn to the Public Guardian for protection.

3. The safeguarding Policy document you have sent is in a strange format, broken sentences etc. I would like a link to read it, I am assuming it is available to the Public.

4. As this was a FOI request I am assuming that there is no problem sharing it on social media and possibly mainstream media, as I think the Public will want to know this can happen to them, it is a very scary thought, especially as Dementia is at epidemic levels according to the mainstream media.

Yours sincerely,

Dunclan

OPGInformationAssurance,

Thank you for contacting the Office of the Public Guardian. This is an
automated response to confirm we have received your message to our
Information Assurance inbox. We endeavour to respond to all e-mails as
soon as possible.

 

If you are requesting information from OPG we will normally respond using
the same method you used to contact us, unless you specify otherwise. If
you would prefer to receive our response by post, please let us know by
replying to this e-mail.

 

More information regarding Freedom of Information and Data Protection is
available on the website:  [1]https://www.gov.uk/browse/justice/rights 

 

Please be aware the Office of the Public Guardian is not able to provide
legal advice.

 

Thank you

 

OPG Information Assurance Team

 

 

 

show quoted sections

OPGInformationAssurance,

1 Attachment

Dear Mr Dunn,

 

Please see my response attached.

 

Kind Regards

 

Paul Rodden

 

Paul Rodden I Knowledge & Information Liaison Officer I Office of the
Public Guardian
Correspondence - PO Box 16185 I  Birmingham, B2 2WH
Tel - 0300 456 0300
Email - [email address]

[1]www.gov.uk/opg

“I am not authorised to bind the Office of the Public Guardian nor the
Ministry of Justice contractually, nor to make representations or other
statements which may bind the OPG or MOJ in any way via electronic means”

 

show quoted sections

Dear OPGInformationAssurance,

1. I have a letter from the OPG that contradicts the safeguarding policy you have referred me to.
2. Evidence of Neglect & Acts of Omission
3. Evidence of Fraud, Theft & Sexual Abuse according to your Policy.
4. Evidence of Psychological Abuse.
5. Evidence of Restraint.

I can see that at 20.1 you report these matters to the Police. I have passed this same information to Bethan Howells at the OPG and have asked her to let me know as soon as this has been reported to the police, following your own procedures. I hope this will be a precise and fast action.
Yours sincerely,

Dunclan

OPGInformationAssurance,

Thank you for contacting the Office of the Public Guardian. This is an
automated response to confirm we have received your message to our
Information Assurance inbox. We endeavour to respond to all e-mails as
soon as possible.

 

If you are requesting information from OPG we will normally respond using
the same method you used to contact us, unless you specify otherwise. If
you would prefer to receive our response by post, please let us know by
replying to this e-mail.

 

More information regarding Freedom of Information and Data Protection is
available on the website:  [1]https://www.gov.uk/browse/justice/rights 

 

Please be aware the Office of the Public Guardian is not able to provide
legal advice.

 

Thank you

 

OPG Information Assurance Team

 

 

 

show quoted sections

Dear Office of the Public Guardian,

You simply can not tell me when this is criminal, which means that you do not know, or you have not set up absolute procedures to protect people from such an horrendous crime. Sending this to the media so the public can see what they are buying, false protection that can remove your life by removing life support.

Yours faithfully,

Dunclan

J Roberts left an annotation ()

UIN 105551

Mike Freer answered a parliamentary question from Anneliese Dodds that some people may be interested in:

'From April 2019 to 31 October 2022, 15 fraudulently created LPAs were removed from the register following investigation. In 10 of these cases, the Public Guardian removed the LPA from the register. The Public Guardian referred the remaining 5 cases to the Court of Protection, which led to LPAs being subsequently removed. Fraudulent LPAs currently represent less than 0.1% of all registered LPAs, which exceed 6 million.'

https://questions-statements.parliament....