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UK: VULNERABLE PEOPLE TO GET BETTER PROTECTION 12/26/2008 The guidelines outline the respective roles the OPG, the Court of Protection and local authorities play so that areas of overlap can be harmonised. These agencies will work together to help prevent and respond to abuse, by sharing information and following principles laid down in the guidelines. The protocol between the OPG and local authorities sets out a framework for reporting concerns and working together on investigations. Martin John, the Public Guardian said: ‘These are important guidelines. Acting for vulnerable people is a key role, and making sure that we tap into and harmonise the protections provided by different bodies is essential to ensure they get the best outcomes. ‘There is a common interest between the OPG and local authorities, and the protocol specifies how we will work together constructively to protect vulnerable adults who lack capacity from financial and other forms of abuse.’ The OPG has worked with stakeholders in developing the guidelines and protocol. One of the local authorities involved in the work was Hampshire County Council. Councillor Felicity Hindson, Hampshire County Council’s Executive Member for Adult Social Care, said: ‘Safeguarding and protection of the most vulnerable people is a key priority for Hampshire County Council’s adult services department. We want to have safe systems in place to ensure we can protect those people who are no longer able to manage their own affairs. We also need to meet the requirements of the Mental Capacity Act 2005 and the government guidance entitled “No Secrets”. Local Authorities, along with many other agencies value joint working initiatives with the Public Guardian in the interests of vulnerable adults and we welcome this joint protocol.’ The OPG is involved in safeguarding vulnerable adults in a number of ways, including: 1. Promoting and raising awareness of the services of the OPG and Court of Protection, and legal safeguards for people who lack mental capacity. 2. Investigating reported concerns about the actions of a deputy or registered attorney, or someone acting under a single order from the Court of Protection. 3. Working in partnership with other agencies to respond to suspicions and allegations of abuse of its clients. Local authorities can be involved with the OPG in a number of ways, including: 1. Seeking information about legal processes that may protect someone who lacks mental capacity, or resolve a situation. 2. Requesting a search of the register of attorneys and deputies. 3. Discussion and advice about specific cases, seeking help with an investigation, progressing joint investigations or seeking advice about options. 4. Reporting concerns and requesting that the OPG carries out an investigation about the actions of a deputy, someone acting under a registered power of attorney, or someone authorised by the court to carry out a transaction on behalf of someone who lacks capacity. Ministry of Justice
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