Deputyship and Guardianship Surety Bonds (MoJ CoP and OPG)

In accordance with the Mental Capacity Act legislation (full legislation can be found via link) https://www.legislation.gov.uk/ukpga/2005/9/contents and the Guardianship (Missing Persons) Act 2017 legislation (full legislation can be found via link) https://www.legislation.gov.uk/ukpga/2017/27

The purpose of this PIN is to inform the market of a potential opportunity for the provision of service for surety bonds, for both deputyship and guardianship to the Office of the Public Guardian, the Ministry of Justice’s agency His Majesty’s Court and Tribunal Service’s administration, the Court of Protection – of their intention and wish to engage with potential suppliers through an early market engagement event.

The Office of the Public Guardian (OPG) protects people in England and Wales who may not have the mental capacity to make certain decisions for themselves, such as matters relating to their health and finance. The OPG is an Executive Agency of the Ministry of Justice, set up in 2007 following the legislation of the Mental Capacity Act 2005 coming into force (in 2007).

The Ministry of Justice (MoJ) is a major government department, at the heart of the justice system. The MoJ work to protect and advance the principles of justice. MoJ’s vision is to deliver a world-class justice system that works for everyone in society.

His Majesty’s Court and Tribunal Service (HMCTS) is an agency of the MoJ and is responsible for the administration of criminal, civil and family courts in England and Wales as well as certain tribunals across the United Kingdom.

The Court of Protection (CoP) administered by the MoJ’s HMCTS agency to make decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).

The High Court has the power and responsibility to grant orders which will set out the duties of a guardian, to a missing person.

The OPG and CoP are conducting a preliminary market engagement to deep dive the marketplace, to assist with the design of the future provision of service to replace the current contract. Deputyship (OPG and CoP) and guardianship (OPG) surety bonds and protecting the vulnerable are the fundamental core business operations for both the OPG and CoP, therefore the service provision of surety bonds is a business-critical requirement for both organisations.