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  • Lord Barnett – 2014 Parliamentary Question to the HM Treasury

    Lord Barnett – 2014 Parliamentary Question to the HM Treasury

    The below Parliamentary question was asked by Lord Barnett on 2014-03-27.

    To ask Her Majesty’s Government whether they consider that an agreement between the Chancellor of the Exchequer and the Governor of the Bank of England overrides the reserve powers given to HM Treasury in section 19(2) of the Bank of England Act 1998.

    Lord Newby

    The powers set out in section 19 of the Bank of England Act 1998 cannot be removed or amended except by further legislation approved by Parliament which amends that section of the 1998 Act.

    The Treasury may only make an order giving directions under section 19 after consultation with the Governor of the Bank of England, if the directions are required in the public interest and by extreme economic circumstances.

    Since the Monetary Policy Committee was given operational independence in 1997, covering the worst financial crisis in generations leading to the deepest recession since the Second World War, these powers have never been used.

  • Lord Boateng – 2014 Parliamentary Question to the Ministry of Justice

    Lord Boateng – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Lord Boateng on 2014-03-27.

    To ask Her Majesty’s Government whether the decision to refuse legal aid to the family of Cherry Groce at the inquest into her death is consistent with the equality objectives of the Ministry of Justice.

    Lord Faulks

    The Government is confident that the inquest system is functioning effectively following reforms introduced last July under the Coroners and Justice Act 2009. We are committed to reviewing the impact of the reforms in 2015.

    In addition, the Government has specifically protected legal aid for families at inquests. Legal Help (the advice and assistance level of legal aid) remains routinely available within the scope of the civil legal aid scheme. In exceptional circumstances funding can also be provided for the family’s legal representation at the inquest pursuant to section 6(8)(b) of the Access to Justice Act 1999 (AJA) or section 10(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) (the applicable legislation depending on the date of the original application). A means test applies but can be waived in certain circumstances.

    The Lord Chancellor is prevented by statute from giving directions and guidance to the Legal Aid Agency in relation to an individual case, but has published general guidance to which the Director of Legal Aid Casework must have regard when making individual decisions on applications for exceptional funding for representation at inquests. The guidance sets out the relevant criteria and specifically addresses inquests where there is a death in custody or a death in the course of police arrest, search, pursuit or shooting.

    Following a review of its decision in the Groce family’s case, the Legal Aid Agency made a funding request to the Lord Chancellor. The Lord Chancellor has considered the request and has granted funding

  • Lord Boateng – 2014 Parliamentary Question to the Ministry of Justice

    Lord Boateng – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Lord Boateng on 2014-03-27.

    To ask Her Majesty’s Government what guidelines have been issued to the Legal Aid Agency to ensure that families of deceased victims are legally represented at an inquest where criminal charges have previously been investigated.

    Lord Faulks

    The Government is confident that the inquest system is functioning effectively following reforms introduced last July under the Coroners and Justice Act 2009. We are committed to reviewing the impact of the reforms in 2015.

    In addition, the Government has specifically protected legal aid for families at inquests. Legal Help (the advice and assistance level of legal aid) remains routinely available within the scope of the civil legal aid scheme. In exceptional circumstances funding can also be provided for the family’s legal representation at the inquest pursuant to section 6(8)(b) of the Access to Justice Act 1999 (AJA) or section 10(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) (the applicable legislation depending on the date of the original application). A means test applies but can be waived in certain circumstances.

    The Lord Chancellor is prevented by statute from giving directions and guidance to the Legal Aid Agency in relation to an individual case, but has published general guidance to which the Director of Legal Aid Casework must have regard when making individual decisions on applications for exceptional funding for representation at inquests. The guidance sets out the relevant criteria and specifically addresses inquests where there is a death in custody or a death in the course of police arrest, search, pursuit or shooting.

    Following a review of its decision in the Groce family’s case, the Legal Aid Agency made a funding request to the Lord Chancellor. The Lord Chancellor has considered the request and has granted funding

  • Lord Boateng – 2014 Parliamentary Question to the Ministry of Justice

    Lord Boateng – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Lord Boateng on 2014-03-27.

    To ask Her Majesty’s Government whether they intend to review the effectiveness of the inquest system in respect of the absence of a duty on the Legal Aid Agency to ensure publicly funded legal representation at inquests for families of victims of deaths in custody from the actions of police officers or in circumstances of failures in the duty of care of public authorities.

    Lord Faulks

    The Government is confident that the inquest system is functioning effectively following reforms introduced last July under the Coroners and Justice Act 2009. We are committed to reviewing the impact of the reforms in 2015.

    In addition, the Government has specifically protected legal aid for families at inquests. Legal Help (the advice and assistance level of legal aid) remains routinely available within the scope of the civil legal aid scheme. In exceptional circumstances funding can also be provided for the family’s legal representation at the inquest pursuant to section 6(8)(b) of the Access to Justice Act 1999 (AJA) or section 10(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) (the applicable legislation depending on the date of the original application). A means test applies but can be waived in certain circumstances.

    The Lord Chancellor is prevented by statute from giving directions and guidance to the Legal Aid Agency in relation to an individual case, but has published general guidance to which the Director of Legal Aid Casework must have regard when making individual decisions on applications for exceptional funding for representation at inquests. The guidance sets out the relevant criteria and specifically addresses inquests where there is a death in custody or a death in the course of police arrest, search, pursuit or shooting.

    Following a review of its decision in the Groce family’s case, the Legal Aid Agency made a funding request to the Lord Chancellor. The Lord Chancellor has considered the request and has granted funding

  • Lord Boateng – 2014 Parliamentary Question to the Ministry of Justice

    Lord Boateng – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Lord Boateng on 2014-03-27.

    To ask Her Majesty’s Government what assessment they have made of the functioning of the inquest system in the absence of publicly funded legal representation for the families of deceased victims of actions on the part of the police or other public authorities.

    Lord Faulks

    The Government is confident that the inquest system is functioning effectively following reforms introduced last July under the Coroners and Justice Act 2009. We are committed to reviewing the impact of the reforms in 2015.

    In addition, the Government has specifically protected legal aid for families at inquests. Legal Help (the advice and assistance level of legal aid) remains routinely available within the scope of the civil legal aid scheme. In exceptional circumstances funding can also be provided for the family’s legal representation at the inquest pursuant to section 6(8)(b) of the Access to Justice Act 1999 (AJA) or section 10(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) (the applicable legislation depending on the date of the original application). A means test applies but can be waived in certain circumstances.

    The Lord Chancellor is prevented by statute from giving directions and guidance to the Legal Aid Agency in relation to an individual case, but has published general guidance to which the Director of Legal Aid Casework must have regard when making individual decisions on applications for exceptional funding for representation at inquests. The guidance sets out the relevant criteria and specifically addresses inquests where there is a death in custody or a death in the course of police arrest, search, pursuit or shooting.

    Following a review of its decision in the Groce family’s case, the Legal Aid Agency made a funding request to the Lord Chancellor. The Lord Chancellor has considered the request and has granted funding

  • Lord Boateng – 2014 Parliamentary Question to the Ministry of Justice

    Lord Boateng – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Lord Boateng on 2014-03-27.

    To ask Her Majesty’s Government when the Lord Chancellor or any Minister in his Department last met the chief executive officer of the Legal Aid Agency; and whether they discussed (1) the issue of publicly funded representation at inquests for the families of deceased victims, and (2) the provision for publicly funded representation at the inquest of the family of Cherry Groce.

    Lord Faulks

    The Chief Executive of the Legal Aid Agency has regular meetings with ministers at the Ministry of Justice.

    Following a review of its decision in the Groce family’s case, the Legal Aid Agency made a funding request to Ministers. Ministers have considered the request and have granted funding.

  • Lord Jopling – 2014 Parliamentary Question to the Department for Education

    Lord Jopling – 2014 Parliamentary Question to the Department for Education

    The below Parliamentary question was asked by Lord Jopling on 2014-03-27.

    To ask Her Majesty’s Government, further to the Written Answer by Lord Nash on 26 March (WA 121), whether other Departments hold the data requested in the question; and whether they will now answer the question originally put.

    Lord Nash

    Local authorities are required to report annually on the numbers of children in need who have a disability (as defined by section 6 of the Equality Act 2010) as part of the Children in Need Census data collection. These data are collected under section 83 of the Children Act 1989 by the Department for Education. As part of this collection, local authorities report on the number of children with disabilities who are subject to child protection investigations under section 47 of the Children Act 1989. However, it is not possible to separately identify those with chronic fatigue syndrome or myalgic encephalomyelitis.

    The number of children in need with a disability is published in ‘Characteristics of Children in Need’, and can be found at:

    https://www.gov.uk/government/publications/characteristics-of-children-in-need-in-england-2012-to-2013

  • Baroness Jones of Whitchurch – 2014 Parliamentary Question to the Department for Education

    Baroness Jones of Whitchurch – 2014 Parliamentary Question to the Department for Education

    The below Parliamentary question was asked by Baroness Jones of Whitchurch on 2014-03-27.

    To ask Her Majesty’s Government what steps they are taking to ensure that 40 per cent of two-year-olds will be able to receive free childcare by September 2014 as announced by the Deputy Prime Minister on 2 September 2013.

    Lord Nash

    The Government is investing £525 million this year, rising to £755 million in 2014-15, in the new entitlement to early learning for two-year-olds. In February 2014 local authorities reported that over 100,000 two-year-olds were already benefitting from funded early learning places. Local authorities have received £100 million capital funding, and we are reducing bureaucracy and red tape to help support the expansion of successful providers and the creation of new places. We are encouraging more schools to provide early education places and to open from 8-6pm and are also establishing childminder agencies. These measures are part of the Government’s wider childcare reform programme which will improve the affordability and accessibility of childcare by increasing the supply of places across the country.

  • Baroness Jones of Whitchurch – 2014 Parliamentary Question to the Department for Education

    Baroness Jones of Whitchurch – 2014 Parliamentary Question to the Department for Education

    The below Parliamentary question was asked by Baroness Jones of Whitchurch on 2014-03-27.

    To ask Her Majesty’s Government how many primary school places have been created as a result of the Priority School Building Programme since its introduction.

    Lord Nash

    261 schools were successful in their application to the Priority School Building Programme (PSBP) and initial work has started with over 230 of these schools. Construction work has started at 24 schools and the first primary school is due to open in May 2014.

    The PSBP is aimed at addressing the condition needs of those schools most in need of urgent repair; it is not a programme aimed at increasing school capacity. However, where a school is seeking to expand and this is supported by pupil planning statistics, we are increasing the capacity of the schools.

    The PSBP will create approximately 9,300 new primary school places through the expansion of these schools beyond the existing capacity stated in their application forms.

    This number is subject to change. As part of the feasibility study undertaken for each school, we work with the school, local authority and other stakeholders to review pupil planning statistics for the area and confirm that the size of the school being rebuilt or refurbished is sustainable and also meets any demand for pupil places where possible.

    We are on track to complete all PSPB schools by the end of 2017. This is two years earlier than was planned when the programme was announced.

  • Baroness Jones of Whitchurch – 2014 Parliamentary Question to the Department for Education

    Baroness Jones of Whitchurch – 2014 Parliamentary Question to the Department for Education

    The below Parliamentary question was asked by Baroness Jones of Whitchurch on 2014-03-27.

    To ask Her Majesty’s Government what steps they are taking to ensure that all maintained and academy schools in receipt of the pupil premium use the funds directly to support disadvantaged pupils.

    Lord Nash

    Headteachers of maintained schools and academies are expected to use their professional judgement in determining which well-evidenced interventions to invest in to raise the attainment of their disadvantaged pupils. A headteacher may decide to spend some of their pupil premium on whole school interventions, such as improving the quality of teacher feedback, as the evidence shows that this has a significant impact on the attainment of disadvantaged pupils.

    While headteachers have this freedom, they are also held accountable for the impact of this additional funding in three different ways. Firstly, the performance tables set out the attainment and progress of disadvantaged pupils and the gap between them and their peers. Secondly, Ofsted inspects the achievement of all pupils in a school, and where disadvantaged pupils are making insufficient progress, inspectors are likely to grade a school as requiring improvement and will recommend that the school undertakes a pupil premium review. Thirdly, schools are required to publish online how much pupil premium funding they receive, how they have used this funding and an evaluation of the impact that it has had.